HomeMy WebLinkAboutCC 2000-09-28 Minutes0
CITY OF MIAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON SEPTEMBER 28, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk -
ITEM NO.
I.
2.
•
INDEX
0
MINUTES OF COMMISSION MEETING
SEPTEMBER 28, 2000
SUBJECT
LEGISLATION
PRESENTATIONS: 9/28/00
PRESENTATIONS
TO MONSIGNIOR EMILIO VALLINA IN 1-3
RECOGNITION OF HIS SERVICE TO THE
COMMUNITY.
CERTIFICATES OF APPRECIATION TO
INDIVIDUALS WHO ASSISTED WITH THE
TECHNOLOGY CENTER OF THE AMERICAS:
JAVIER CARBONELL, CHRISTINE MORALES,
MARIA NARDI, MIGUEL GUTIERREZ, ROBERTO
VILLANUEVA, PAT ALLISON, FRANK
ROLLASON, REY BENITEZ, ANA GELABERT-
SANCHEZ, MARIO CAMBAS, HECTOR LIMA,
NINO COLL, VIRGIL FERNANDEZ, DEBBIE
FAGAN, WILLIAM BRYSON, SORAYA
GONZALEZ, JOHN JACKSON, CESAR
GONZALEZ, MIGUEL LEMUS AND ALBERT
DOMINGUEZ
CONSENT AGENDA 9/28/00
DISCUSSION
4-5
0
2.1 ACCEPT BID OF SOUTH FLORIDA
MAINTENANCE SERVICES, FOR , BAYFRONT
PARK MANAGEMENT TRUST FOR PROVISION
OF ONE-TIME TRIMMING SERVICES OF
BOUGAINVILLEA VINE FENCE SYSTEM WHICH
SURROUNDS MILDRED AND CLAUDE PEPPER
BAYFRONT PARK, $36,610; ALLOCATING FUNDS
FROM GENERAL OPERATING BUDGET OF TRUST.
2.2 ACCEPT BID OF NATIONWIDE LIFT TRUCKS
INC. FOR PURCHASE OF TWO COMPLETE
FORKLIFT TRUCKS FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION TO BE
UTILIZED BY VARIOUS CITY FACILITIES, $67,489,
AND PROVISION FOR 5 YEAR WARRANTY
OPTION, $2,390, TOTAL $69,876; ALLOCATING
FUNDS FROM GENERAL SERVICES
ADMINISTRATION, LIGHT FLEET DIVISION AND
CAPITAL IMPROVEMENT PROJECT, "HEAVY
EQUIPMENT REPLACEMENT".
2.3 ACCEPT BID OF LARRY & ASSOCIATES, INC.
FOR PURCHASE OF TWO TOWNSEND T-51AE
PRINTING HEADS FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, GRAPHIC
REPRODUCTION DIVISION, $16,700; ALLOCATING
FUNDS FROM OPERATING BUDGET OF GENERAL
SERVICES ADMINISTRATION, GRAPHIC
REPRODUCTION DIVISION.
2.4 ACCEPT BID OF WEATHERTROL
MAINTENANCE TO PROVIDE AIR
CONDITIONING MAINTENANCE SERVICES AT
COCONUT GROVE CONVENTION CENTER FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS
AND PUBLIC FACILITIES, $37,540; ALLOCATING
FUNDS FROM OPERATING BUDGET OF COCONUT
GROVE CONVENTION CENTER.
9/28/00
R-00-809
6
9/28/00
R-00-810
6
9/28/00
R-00-811
7
9/28/00
R-00-812
7
2.5 ACCEPT RECOMMENDATION OF MANAGER
TO APPROVE FINDINGS OF EVALUATION
COMMITTEE, PURSUANT TO REQUEST FOR
PROPOSAL TO IDENTIFY A QUALIFIED
CONSULTANT TO PROVIDE TEST
DEVELOPMENT, ADMINISTRATION /
IMPLEMENTATION, AND SCORING SERVICES
FOR PROMOTIONAL EXAMINATION FOR
CLASSIFICATION OF POLICE CAPTAIN,
AUTHORIZE MANAGER TO NEGOTIATE
AGREEMENT WITH TOP RANKED FIRM, SHL
LANDY JACOBS, INC., $97,900, FOR
DEPARTMENT OF POLICE, SHOULD
NEGOTIATIONS FAIL WITH TOP RANKED FIRM,
COMMITTEE RECOMMENDS THAT MANAGER
PROCEEDS TO NEGOTIATE WITH SECOND
RANKED FIRM, SHELDON ZEDECK, INC.
2.6 AUTHORIZE INCREASE IN TOTAL CONTRACT
AMOUNT WITH MICHIGAN INSTRUMENTS,
$39,183.99, INCLUDING CREDIT FOR THREE
RETURNED ITEMS FOR THIS FISCAL YEAR,
$15,926.41, AND $23,257.58 FOR NEXT FISCAL
YEAR, INCREASING CONTRACT AMOUNT FROM
$27,825.48 TO $67,009.47 ANNUALLY, FOR
PURCHASE OF ELEVEN (11) THUMPER CPR
SYSTEMS, MODEL 1007 FOR DEPARTMENT OF
FIRE -RESCUE, ALLOCATING FUNDS FROM EMS
GRANT AWARDS.
2.7 APPROVE PURCHASE OF COMPUTER PRINTER
REPAIR SERVICES FROM VARIOUS VENDORS,
AWARDED UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 250-040-99-1, EFFECTIVE
THROUGH JUNE 30, 2001, $20,000, FOR
DEPARTMENT OF INFORMATION TECHNOLOGY.
9/28/00
R-00-813
8
9/28/00
R-00-814
8
9/28/00
R-00-815
9,
2.8 AUTHORIZE PROCUREMENT OF TECHNICAL
CONSULTING SERVICES FOR MICROSOFT
OFFICE AUTOMATION SOFTWARE,
MICROSOFT WINDOWS, AND MICROSOFT
SOFTWARE DEVELOPMENT SOFTWARE FOR
DEPARTMENT OF' INFORMATION
TECHNOLOGY, FROM COMPAQ COMPUTER
CORPORATION, UTILIZING STATE OF FLORIDA
CONTRACT NO. 973-505-01-1, EFFECTIVE
THROUGH JULY 14, 2001, $40,000.
3. TABLED: CONSIDERATION OF RATIFYING
ACTION OF MANAGER IN EXECUTING LEASE
AGREEMENT WITH MS. ORIELLI TROIA,
TRUSTEE TO BE USED BY OFFICE OF
HOMELESS PROGRAMS FOR OFFICE SPACE,
ETC (See #16 & 33).
4. (A) APPROVE AND CONFIRM SALARY AND
BENEFITS TO BE RECEIVED BY CITY ATTORNEY
ALEJANDRO VILARELLO.
(B) APPROVE SALARY INCREASE FOR CITY
CLERK WALTER J. FOEMAN.
(C) ESTABLISH POLICY TO HAVE ANNUAL
PERFORMANCE BASED EVALUATION OF CITY
CLERK AND CITY ATTORNEY.
5. APPROVE AND CONFIRM MANAGER'S
FINDING OF SOLE SOURCE; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES, AND APPROVE
ACQUISITION OF CONSUMABLE SUPPLIES
FOR XEROX 4850 LASER PRINTING SYSTEMS
FROM XEROX CORPORATION, SOLE SOURCE
PROVIDER, FOR DEPARTMENT OF INFORMATION
TECHNOLOGY, $35,000.
9/28/00
R-00-816
9
9/28/00
TABLED
10
9/28/00
R-00-817
R-00-818
M-00-819
M-00-820
11-28
9/28/00
R-00-821
29
6. APPROVE AND CONFIRM MANAGER'S FINDING
OF SOLE SOURCE; WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES,
AND APPROVE ACQUISITION OF ONE MOTOROLA
COMMUNICATIONS SYSTEM ANALYZER WITH
TRUNKING OPTION, AND FIVE YEAR EXTENDED
WARRANTY, FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, $21,580 FROM
MOTOROLA, INC., SOLE SOURCE PROVIDER.
7. (A) MS. ELENA CARPENTER, AND OTHER
CONCERNED RESIDENTS OF COCONUT GROVE,
TO ADDRESS COMMISSION CONCERNING
INFRASTRUCTURE, LANDSCAPING, AND
MAINTENANCE IN COCONUT GROVE AND
BRICKELL COMMUNITIES.
(B) MS. SILVIA CEJAS, PRESIDENT OF VILLAGE
MARKETING BUREAU, TO INTRODUCE
COCONUT GROVE DESTINATION MARKETING
CONSORTIUM.
(C) MANAGER TO COME BACK TO COMMISSION
WITH STATUS REPORT ON THIS ISSUE IN 60
DAYS.
8. EMERGENCY ORDINANCE: AMEND
ORDINANCE NO. 11395 WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS
FOR SPECIAL REVENUE FUND ENTITLED
"VICTIMS OF CRIME ACT," INCREASING
APPROPRIATION, $63,125; CONSISTING OF
GRANT, $50,500 FROM STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL; AND
MATCHING IN-KIND FUNDS, $12,625 FOR
SERVICES PROVIDED BY CITY.
9/28/00
R-00-822
30-31
9/28/00
DISCUSSION
32-42
9/28/00
ORDINANCE
NO. 11962
43-45
9. EMERGENCY ORDINANCE: AMEND
ORDINANCE NO. 11638 WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS
FOR SPECIAL REVENUE FUND ENTITLED
"WEED AND SEED ASSET FORFEITURE," TO
INCREASE SAID APPROPRIATIONS, $50,000;
CONSISTING OF GRANT FROM U. S.
DEPARTMENT OF JUSTICE, FEDERAL BUREAU
OF INVESTIGATIONS.
10. EMERGENCY ORDINANCE: AMEND
ORDINANCE NO. 11910 WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS
FOR SPECIAL REVENUE FUND ENTITLED:
"CALI ENFORCEMENT GROUP INITIATIVE";
BY INCREASING SAID APPROPRIATIONS,
$223,224; CONSISTING OF GRANT FROM MONROE
COUNTY SHERIFF'S OFFICE.
11. FIRST READING ORDINANCE: AMEND SECTION
2-946 OF CITY CODE ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS" TO REQUIRE CITY COMPLY
WITH GUIDELINES AND REQUIREMENTS
ISSUED BY GOVERNMENT ACCOUNTING
STANDARDS BOARD ("GASB") AND NOT
MUNICIPAL FINANCE OFFICERS' ASSOCIATION
("MFOA"), WHICH GUIDELINES AND
REQUIREMENTS ARE NO LONGER
APPLICABLE.
12. FIRST READING ORDINANCE: ACCEPT GRANT
FROM U.S. ENVIRONMENTAL PROTECTION
AGENCY FOR BROWNFIELDS RESEARCH AND
ENVIRONMENTAL ASSESSMENT AND
ESTABLISH NEW SPECIAL _REVENUE FUND
ENTITLED "MIAMI RIVER BROWNFIELDS
FUNDING" AND APPROPRIATE FUNDS FOR
SAID PROJECT, $185,000, AS REFLECTED IN
GRANT AWARD AGREEMENT OFFERED TO
CITY'S, DEPARTMENT OF REAL ESTATE AND
ECONOMIC DEVELOPMENT BY U.S.
ENVIRONMENTAL PROTECTION AGENCY.
9/28/00
ORDINANCE
NO. 11963
46-47
9/28/00
ORDINANCE
NO. 11964
48-49
9/28/00
FIRST READING
ORDINANCE
50-51
9/28/00
FIRST READING
ORDINANCE
52-54
13. FIRST READING ORDINANCE: AMEND SECTIONS
2-887 AND 2-892 OF CITY CODE ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS" TO ESTABLISH MIAMI
COMMISSION ON THE STATUS OF WOMEN
("MCSW"); SETTING FORTH PURPOSE, POWERS,
AND DUTIES; PROVIDE FOR TERMS OF OFFICE,
OFFICERS, MEETINGS,. ETC.; PROVIDING FOR
"SUNSET" REVIEW OF MCSW EVERY FOUR
YEARS; AND CREATING DIVISION 13,
CONSISTING OF SECTIONS 2-1154 THROUGH
; RESCINDING RESOLUTION NOS. 73-566, 74-
1373, 78-271, 89-217, 93-419, 94-183, 96-522.
14. FIRST READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND ENTITLED: "STATE
OF FLORIDA EMS (EMERGENCY MEDICAL
SERVICES) MATCHING GRANT PROGRAM (FY
'99-00)," APPROPRIATING $32,500, CONSISTING
OF GRANT, $24,375, FROM STATE OF FLORIDA
DEPARTMENT OF HEALTH AND MATCHING
FUNDS, $8,125, FROM CITY.
15. FIRST READING ORDINANCE: AMEND SECTION
38-69 OF CITY CODE ENTITLED "PARKS AND
RECREATION/USE REGULATIONS," TO PERMIT
SALE OF ALCOHOLIC BEVERAGES ON
REGULAR BASIS AT ALLEN MORRIS BRICKELL
PARK, 25 SOUTHEAST 10TH STREET.
16. TABLED: CONSIDERATION OF RATIFYING
ACTION OF MANAGER IN EXECUTING LEASE
AGREEMENT WITH MS. ORIELLI TROIA,
TRUSTEE TO BE USED BY OFFICE OF
HOMELESS PROGRAMS FOR OFFICE SPACE,
ETC. (See #3 & 33).
9/28/00
FIRST READING
ORDINANCE
55-57
9/28/00
FIRST READING
ORDINANCE
58-59
9/28/00
FIRST READING
ORDINANCE
60-61
9/28/00
TABLED
62-63
17.
RATIFY ACTION OF MANAGER IN. EXECUTING
9/28/00
USE AGREEMENT WITH 21ST CENTURY
R-00-823
CINEMAS, INC. FOR USE OF TOWER THEATER,
64-70
1508 S.W. 8TH STREET, ON AN INTERIM BASIS,
WHILE CITY TAKES STEPS TO PROCURE
OPERATOR FOR LONG TERM BASIS - REGALADO
WANTS THEATRE OPEN DURING DAYTIME
HOURS.
18.
(A) APPOINTING JACK RABUN AND ROSE
9/28/00
GORDON AS MEMBERS OF BOARD OF TRUSTEES
R-00-824
OF THE CITY OF MIAMI GENERAL
71-72
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST.
(B) COMMENTS ON THE UPCOMING LEGISLATIVE
SESSION.
19.
DIRECT MANAGER TO IDENTIFY FUNDS, $375,000,
9/28/00
FROM FY 1999-2000 OPERATING BUDGET, FOR
R-00-825
CHARLES HADLEY PARK COMMUNITY CENTER,
73-75,
ANCILLARY IMPROVEMENTS AND
CONSTRUCTION CONTINGENCY.
20.
APPROVE AND CONFIRM MANAGER'S
9/28/00
FINDING OF EMERGENCY, WAIVING
R-00-826
REQUIREMENTS FOR COMPETITIVE SEALED
76-77
BIDS AND APPROVE EXTENSION OF HI -RISE
WINDOW CLEANING, SERVICES CONTRACT
FOR MIAMI RIVERSIDE CENTER (MRC)
ADMINISTRATIVE BUILDING, FROM
SKYHANGER II CORPORATION, FROM JULY
24, 2000 THROUGH SEPTEMBER 30, 2000;
INCREASING CONTRACT FROM TOTAL
AMOUNT OF $15,000 TO $30,000; ALLOCATING
FUNDS FROM MIAMI RIVERSIDE CENTER FY '99-
00 GENERAL OPERATING BUDGET.
•
21.
APPROVE AND CONFIRM MANAGER'S FINDING
9/28/00
OF EMERGENCY, WAIVING REQUIREMENTS
R-00-827
FOR COMPETITIVE SEALED BIDS AND
78-79
APPROVE CONTINUED PROVISION OF
TEMPORARY SERVICES, FROM TRI-STATE
EMPLOYMENT SERVICES, BUDGET QUALITY
STAFFING, AND MANPOWER INTERNATIONAL,
INC.; NO ADDITIONAL FUNDING IS REQUIRED
FOR THIS EXTENSION.
22.
TABLED: CONSIDERATION OF RESCINDING
9/28/00
RESOLUTION NOS. 98-580 AND 00-418,
TABLED
ABOLISHING THE HOUSING LOAN
80
COMMITTEE, ETC. (See #66)
23.
APPROVE AND CONFIRM MANAGER'S
9/28/00
FINDING OF EMERGENCY, WAIVING
R-00-828
REQUIREMENTS FOR COMPETITIVE SEALED
81-82
BIDS AND APPROVE ACQUISITION OF
SERVICES FROM BEST GARAGE DOOR, INC.,
$6,600, FOR DEPARTMENT OF CONFERENCES,
CONVENTIONS, AND PUBLIC FACILITIES; WITH
FUNDS ALLOCATED FROM COCONUT GROVE
CONVENTION CENTER OPERATING BUDGET.
24.
RATIFY MANAGER'S FINDING OF
9/28/00
EMERGENCY, WAIVING REQUIREMENTS FOR
R-00-829
COMPETITIVE SEALED BIDS, AND APPROVE
83
INSTALLATION OF STEEL PICKET FENCE AT
CITY CEMETERY FOR PARKS AND
RECREATION DEPARTMENT, FROM MURRAY
FENCE COMPANY, $108,669; ALLOCATING
FUNDS FROM COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
25. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND AWARD PROCUREMENT OF
EMERGENCY REPAIRS TO POOLS AT HADLEY
PARK, JOSE MARTI AND ATHALIE RANGE
PARKS FOR DEPARTMENT OF PARKS AND
RECREATION, FROM INNOVATIVE POOL
PLASTERING, INC., $74,175; ALLOCATING FUNDS
FROM SAFE NEIGHBORHOOD PARKS BOND
PROGRAM BUDGET, CAPITAL IMPROVEMENT
PROJECTS.
26. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVING REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND AUTHORIZE ACQUISITION
OF SERVICES FOR IMPROVEMENTS TO POOL
SHELL AT ELIZABETH VIRRICK PARK FOR
PARKS AND RECREATION DEPARTMENT,
FROM MALIBU POOL SERVICES, INC., $8,500;
ALLOCATING FUNDS FROM DEPARTMENT OF
PARKS AND RECREATION GENERAL OPERATING
BUDGET.
27. AUTHORIZE AN INCREASE IN AGREEMENT
WITH BERMELLO, AJAMIL AND PARTNERS,
INC. FOR DEPARTMENT OF PUBLIC WORKS
FOR PROVISION OF PLANNING, DESIGN, AND
CONSTRUCTION ADMINISTRATIVE SERVICES
AND REIMBURSE FOR "TOWER THEATRE
REHABILITATION PROJECT, SECOND
BIDDING," $25,000, FROM $210,000 TO $235,000;
ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECTS.
9/28/00
R-00-830
84-85
9/28/00
R-00-831
86-88
9/28/00
R-00-832
89-90
28.
RESCIND INVITATION FOR BIDS NO. 99-00-074
9/28/00
(GROUP A) AWARDED UNDER RESOLUTION NO.
R-00-833
00-440 TO EMILY LAWN SERVICE, FOR
91-92
PROCUREMENT OF GROUNDS MAINTENANCE
SERVICES AT VARIOUS CITY PARKS AND FIRE
STATIONS; AWARDING BID TO J.R. ALVAREZ
LAND CLEARING, NEXT LOWEST RESPONSIVE
AND RESPONSIBLE BIDDER TO PROVIDE SAID
SERVICE AT BID PRICE OF $17,100;
ALLOCATING FUNDS FROM FIRE -RESCUE
DEPARTMENT, FIRE TRAINING CENTER.
29.
AMEND RESOLUTION 00-711 ADOPTED BY
9/28/00
COMMISSION TO ADD CORRECT NAMES FOR
R-00-834
BICENTENNIAL PARK/FEC SLIP WATERFRONT
93
RENEWAL COMMITTEE AND FLORIDA EAST
COAST RAILWAY (FEC) CORRIDOR
REVITALIZATION PROJECT, AND ALLOCATING
FUNDS TO FEC CORRIDOR PROJECT, $200,000.
30.
APPOINTING TIMOTHY PRUNKA, RODRIGO
9/28/00
TRUJILLO, ALVIN WEST AND JIMMY MORALES
R-00-835
AS MEMBERS OF BOARD OF DIRECTORS OF
94
THE DOWNTOWN DEVELOPMENT
AUTHORITY.
31.
TABLE CONSIDERATION OF APPOINTMENTS TO
9/28/00
COCONUT GROVE PARKING ADVISORY
TABLED
COMMITTEE.
95
32. (A) REAPPOINTING TED STAHL AS MEMBER OF 9/28/00
COCONUT GROVE FESTIVAL COMMITTEE; M-00-836
GRANTING WAIVER OF RESIDENCY R-00-837
REQUIREMENT CONTAINED IN CITY CODE WITH 96-99
REGARD TO TED STAHL.
(B) ORDER OF THE DAY.
33. DEFER CONSIDERATION OF RATIFYING
ACTION OF MANAGER IN EXECUTING LEASE
AGREEMENT WITH MS. ORIELLI TROIA,
TRUSTEE, FOR LEASING OF PROPERTY LOCATED
AT 779 W. FLAGLER STREET TO BE USED BY
OFFICE OF HOMELESS PROGRAMS FOR OFFICE
SPACE, STORAGE WAREHOUSE, ETC. UNTIL
NEXT COMMISSION MEETING; DIRECT MANAGER
TO PREPARE DETAILED MEMORANDUM
CONCERNING IMPLICATIONS RELATED TO SAID
ISSUE (See # 3 & 16).
34. CERTIFICATES OF APPRECIATION TO THOSE
WHO ASSISTED IN MOVING FAMILIES FROM
CONDEMNED BUILDING IN WYNWOOD:
GWENDOLYN C. WARREN, JONI HARRIS,
JEFFERY HEPBURN, DAN FERNANDES,
BARBARA GOMEZ-RODRIGUEZ, LORENZO
RODRIGUEZ, RAFAEL RODRIGUEZ, CARMEN
SANCHEZ, RICHARD BOWMAN, DIAKA
TARTTT, JAVIER MEZA, JOSE GANCEDO,
JAIME HENDRICKSON-MORALES, MARIO
PEREZ, ERICK MEDINA, NYRON MANBOURNE,
RUFUS ORINDORE, JUDITH MENTOR,
ROSEMARY CRUZ, JACQUELINE WILKERSON,
OLGA SANCHEZ, JANICE GIDDARIE, MARCHEL
WOODS, ANALYSA SAWYERS, ALLEN GAINER
AND JOHN PEOPLES.
35. CONTINUE CONSIDERATION OF APPEAL OF
HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD DECISION WHICH
APPROVED CERTIFICATE OF APPROVAL FOR
REMOVAL AND RELOCATION OF TREES FOR
PROPERTY AT 2015 SOUTH BAYSHORE DRIVE.
9/28/00
M-00-838
100-107
9/28/00
PRESENTATION
108-112
9/28/00
M-00-839
113-115
36.
TABLE CONSIDERATION OF APPEAL OF
9/28/00
ZONING BOARD DECISION WHICH DENIED
TABLED
SPECIAL EXCEPTION FROM ORDINANCE 11000
116
TO ALLOW A DAYCARE FACILITY FOR MORE
THAN 20 CHILDREN (PROPOSED 30 CHILDREN)
FOR PROPERTY LOCATED AT
APPROXIMATELY 3681 SW 20T" STREET.
37.
CITY ATTORNEY TO PREPARE WRITTEN
9/28/00
RESPONSE TO PANEL OF COUNTY COURT
M-00-840
JUDGES, SETTING FORTH IN DETAIL
117-129
COMMISSION'S POSITION RELATED TO
RESOLUTION OF MATTERS DISCUSSED AT THEIR
MEETING WITH REPRESENTATIVES FROM CITY
POLICE DEPARTMENT AND CITY ATTORNEY'S
OFFICE, WHICH REPORT RESPONDS TO: AUDIO
TAPING OF ARREST DIALOGUE; ADJUSTMENT OF
IMPOUNDMENT FEE; USE OF IMPOUNDMENT FEE
FOR COUNTY PROGRAMS ON PROSTITUTION
REHABILITATION; DISPOSITION OF FEE UPON A
NOT GUILTY FINDING IN CRIMINAL COURT;
TOWING COMPANY FEE DISPOSITION; URGING
SAID PANEL OF COUNTY COURT JUDGES TAKE
THE AFOREMENTIONED WRITTEN RESPONSE
UNDER ADVISEMENT.
38.
RELATED TO OUTBOARD CLUB; GRANT ABILITY
9/28/00
TO CONTINUE CONSTRUCTION ON RESTAURANT.
R-00-841
130-132
39.
APPROVE CITY'S PARTICIPATION IN JOINT
9/28/00
PLANNING EFFORT WITH COUNTY'S
R-00-842
METROPOLITAN PLANNING ORGANIZATION
133-134
(MPO) TO CREATE AND IMPLEMENT
COMPREHENSIVE LONG-RANGE MIAMI
DOWNTOWN TRANSPORTATION MASTER PLAN
FOR DOWNTOWN MIAMI AREA.
•
40. AUTHORIZE MANAGER TO EXECUTE DEED 9/28/00
CONVEYING TO CITY'S OMNI COMMUNITY R-00-843
REDEVELOPMENT AGENCY THE LAND KNOWN 135-138
AS NORTHEAST 20TH STREET, LOCATED FROM
MARGARET PACE PARK TO BISCAYNE
BOULEVARD, FOR PURPOSES OF INDUCING
ECONOMIC DEVELOPMENT IN OMNI
REDEVELOPMENT AREA.
41. DEFER CONSIDERATION OF ADOPTING 9/28/00
RECOMMENDATIONS OF ORANGE BOWL DEFERRED
STEERING COMMITTEE. 139
42. URGING COUNTY TO EXTEND AMNESTY PERIOD 9/28/00
TO BRING ILLEGAL CONSTRUCTION INTO M-00-844
COMPLIANCE UNTIL JULY 2001. 140-141
43. DISCUSSION CONCERNING STATUS REPORT 9/28/00
ABOUT NET CHANNEL 9 SERIES "MIAMI DISCUSSION
NEIGHBORHOODS." FILMS. 142
44. APPROVE OFFICIAL CLOSURE OF PUBLIC 9/28/00
RIGHT-OF-WAY, PORTION OF WESTERLY 70' R-00-845
OF SOUTHWEST TIGERTAIL COURT. 143-144
(Applicant(s): Debra and David Freedman & Robert
Mennis),
45. GRANT SPECIAL EXCEPTION TO ALLOW 9/28/00
SURFACE PARKING WITH AN SD -12 OVERLAY R-00-846
FOR PROPERTIES LOCATED AT 2959 AND 145-147
PORTION OF 2961 AVIATION AVENUE.
(Applicant(s): Tyler House, LLC).
46. APPROVE CLASS II SPECIAL PERMIT NO. 00- 9/28/00
0144 FOR PROPERTY LOCATED AT 100 NORTH R-00-847
BISCAYNE BOULEVARD FOR A SIGN OF 148-149
GRAPHIC OR ARTISTIC VALUE.. (Applicant(s):
Eller Media for NWT Partners, Ltd. (owner).
47. GRANT APPEAL OF ZONING BOARD DECISION
WHICH DENIED VARIANCE FROM ORDINANCE
11000, THE CITY'S ZONING ORDINANCE,
ARTICLE 6, SECTION 614.3.7.1, SD -14 OFF-
STREET PARKING AND LOADING, TO WAIVE 54
OF REQUIRED 434 PARKING SPACES FOR
PROPERTY LOCATED AT 185 NW 13TH AVENUE.
(Applicant(s): Rayos Del Sol, Inc.).
48. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544, CITY'S COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND USE
DESIGNATION FOR PROPERTIES LOCATED AT 2450-
2490 SW 7TH STREET AND 703 SW 25TH AVENUE
FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL".
(Applicant(s): EI Dorado Enterprises, Inc., MC Property
Mgmt., Inc., and CEC Investment Corp.)
49. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000, THE CITY'S ZONING
ORDINANCE, BY AMENDING ZONING DESIGNATION
FOR PROPERTIES LOCATED AT 2450-2490 SW 7TH
STREET AND 703 SW 25TH AVENUE FROM R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND
SD -12 BUFFER OVERLAY DISTRICT TO C-1
RESTRICTED COMMERCIAL. (Applicant(s): EI Dorado
Enterprises, Inc., MC Property Mgmt., Inc., and CEC
Investment Corp.)
50. FIRST READING ORDINANCE: AMEND ORDINANCE
10544, THE CITY'S COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND USE
DESIGNATION FOR PROPERTIES LOCATED AT 1900-
1902 AND 1910 SW 7TH STREET AND 710 SW 19TH
AVENUE FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL".
(Applicant(s): Washington Mutual, F.A., Emilio Lopez and
Fernando Alfonso).
9/28/00
R-00-848
150-159
9/28/00
ORDINANCE
NO. 11965
160-161
9/28/00
ORDINANCE
NO. 11966
162-163
9/28/00
FIRST READING
ORDINANCE
164-165
•
51. FIRST READING ORDINANCE: AMEND ORDINANCE
11000, THE CITY'S ZONING ORDINANCE, BY
AMENDING ZONING DESIGNATION FOR
PROPERTIES LOCATED AT 1900-1902 AND 1910 SW
7TH STREET AND 710 SW 19TH AVENUE FROM R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO
C-1 RESTRICTED COMMERCIAL. (Applicant(s):
Washington Mutual, F.A., Emilio Lopez and Fernando
Alfonso).
52. FIRST READING ORDINANCE: AMEND ORDINANCE
10544, THE CITY'S COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND USE
DESIGNATION FOR PROPERTIES LOCATED AT 5061-
5075 BISCAYNE BOULEVARD FROM "OFFICE" TO
"RESTRICTED COMMERCIAL". (Applicant(s):
Fiftystreet Investment, LLC).
53. FIRST READING ORDINANCE: AMEND ORDINANCE
11000, THE CITY'S ZONING ORDINANCE, BY
AMENDING ZONING DESIGNATION FOR
PROPERTIES LOCATED AT 5061-5075 BISCAYNE
BOULEVARD FROM O OFFICE WITH SD -9 OVERLAY
DISTRICT TO C-1 RESTRICTED COMMERCIAL WITH
SD -9 OVERLAY DISTRICT. (Applicant(s): Fiftystreet
Investment, LLC).
54. SECOND READING ORDINANCE: CHANGE OF
ZONING AS LISTED IN ORDINANCE 11000, THE
CITY'S ZONING ORDINANCE, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM C-1 RESTRICTED
COMMERCIAL AND SD -14 LATIN QUARTER
COMMERCIAL -RESIDENTIAL DISTRICT TO C-1
RESTRICTED COMMERCIAL AND SD -14 LATIN
QUARTER COMMERCIAL -RESIDENTIAL
DISTRICT, PRIMARY PEDESTRIAN PATHWAY
FOR PROPERTY LOCATED AT 185 NW 13TH
AVENUE. (Applicant(s): Rayos Del Sol, Inc.).
9/28/00
FIRST READING
ORDINANCE
166-167
9/28/00
FIRST READING
ORDINANCE
168-169
9/28/00
FIRST READING
ORDINANCE
170-171
9/28/00
ORDINANCE
NO. 11967
172-173
55. (A) DISCUSS CITY OF MIAMI BUDGET — HIRING
LOCAL BLACK VENDORS, SOLE SOURCE BIDS,
DRUGS, CRIME, INFRASTRUCTURE PROBLEMS,
GARBAGE, NEIGHBORHOODS, POLICE FIRST
SERGEANT POSITION, PARKING SURCHARGE.
(B) SECOND READING ORDINANCE: DEFINE AND
DESIGNATE TERRITORIAL LIMITS FOR CITY
FOR PURPOSE OF TAXATION; FIX MILLAGE
AND LEVY TAXES IN CITY, FOR FISCAL YEAR
2000-2001 (See #57).
(C) DIRECT MANAGER TO MEET WITH NET,
COMMUNITY DEVELOPMENT, PLANNING AND
OTHER APPROPRIATE DEPARTMENTS, ALONG
WITH HOMEOWNERS ASSOCIATION OF AREA
BOUNDED BY N.W. 46 TO 30 STREETS FROM 16 TO
18 AVENUES TO ADDRESS CONCERNS
DISCUSSED BY MR. HERSCHEL HAYNES TODAY.
(D) DIRECT MANAGER TO HIRE OUTSIDE
CONSULTANT TO ANALYZE BUDGET OF POLICE
AND FIRE DEPARTMENTS RELATED TO
PRODUCTIVITY, SAVINGS, SERVICES,
EFFICIENCY; STUDY TO BE PAID FROM
STRATEGIC RESERVE FUNDS OF FIRE
DEPARTMENT; REQUEST CHIEF OF POLICE TO
DETERMINE WHETHER LAW ENFORCEMENT
TRUST FUNDS CAN BE USED TO PAY FOR STUDY.
56. DENY APPEAL OF ZONING BOARD DECISION
WHICH DENIED SPECIAL EXCEPTION FROM
ORDINANCE 11000, THE CITY'S ZONING
ORDINANCE, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS,
CONDITIONAL PRINCIPAL USES, TO ALLOW
DAYCARE FOR MORE THAN 20 CHILDREN
(PROPOSED 30 CHILDREN) FOR PROPERTY
LOCATED AT 3681 SW 20TH STREET (Applicant(s):
Deysi . Gonzalez).
9/28/00
ORDINANCE
NO. 11968
M-00-849
M-00-850
174-216
9/28/00
R-00-851
217-232
® i'
57. (A) EXPRESS INTENT THAT IN EVENT
GENERAL FUND BUDGET SURPLUS IN EXCESS
OF AMOUNTS FORECASTED FOR FISCAL YEAR
1999-2000 IS IDENTIFIED AFTER COMPLETION
OF ANNUAL AUDIT IN JANUARY 2001, SURPLUS
FUNDS SHALL BE SPECIFICALLY EARMARKED
TO FUND CERTAIN PROJECTS AND PROGRAMS
(See #55).
(B) RELATED TO $2.7 MILLION ESCROWED BY
MIAMI-DADE COUNTY, ONCE CITY RECEIVES
FUNDS, HAVE ONE TIME REBATE OF SOLID
WASTE FEES, SUBJECT TO COMPLIANCE WITH
FLORIDA STATE STATUTES (See #55).
(C) EMERGENCY ORDINANCE: AMEND
APPLICABLE SECTIONS OF ORDINANCE NO.
11839, ANNUAL APPROPRIATIONS AND
CAPITAL IMPROVEMENT PROJECTS
ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 2000, FOR PURPOSE OF
ADJUSTING' APPROPRIATIONS (See #55).
(D) AUTHORIZE LAW DEPARTMENT TO ADD
THREE POSITIONS: ONE ASSISTANT CITY
ATTORNEY, ONE PARALEGAL AND ONE LEGAL
ASSISTANT.
(E) REQUEST MANAGER TO TAKE INTO
ADVISEMENT CREATION OF POSITION OF SENIOR
LIAISON FOR POLICE ACTIVITIES. AND OTHER
GOVERNMENTAL BODIES, INCLUDING FEDERAL
GOVERNMENT, TO FURTHER PROTECT CITY, TO
BE PART OF GRANT SOLICITATION PROCESS.
(F) SECOND READING ORDINANCE: MAKE
APPROPRIATIONS RELATING TO
OPERATIONAL AND BUDGETARY
REQUIREMENTS FOR FISCAL YEAR 2000-2001;
REVISE ONGOING CAPITAL IMPROVEMENT
PROJECTS AND MAKE APPROPRIATIONS FOR
NEW PROJECTS SCHEDULED TO BEGIN IN
FISCAL YEAR 2000-2001 (See #55).
9/28/00
R-00-852
R-00-853
ORDINANCE
NO. 11969
M-00-854
M-00-855
ORDINANCE
NO. 11970
233-276
0
58.
(A) SECOND READING ORDINANCE: FIX
9/28/00
MILLAGE AND LEVY TAXES IN DOWNTOWN
ORDINANCE
DEVELOPMENT DISTRICT FOR FISCAL YEAR
NO. 11971
(FY) 2000-2001, AT FIVE -TENTHS (.5) MILLS ON
ORDINANCE
DOLLAR OF NONEXEMPT ASSESSED VALUE OF
NO. 11972
ALL REAL AND PERSONAL PROPERTY IN
277-281
DISTRICT; PROVIDING THAT MILLAGE AND
LEVYING OF TAXES BE IN ADDITION TO SPECIAL
ASSESSMENTS.
(B) SECOND 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.
59.
(A) APPROVE AND ADOPT ANNUAL BUDGET OF
9/28/00
BAYFRONT PARK MANAGEMENT TRUST,
R-00-856
$3,307,6639 TO PROVIDE FOR OPERATIONS AND
282-284
MAINTENANCE OF MILDRED AND CLAUDE
PEPPER BAYFRONT PARK, FOR FISCAL YEAR
2000-2001.
(B) RECOGNITION OF COMMISSIONER JOE
SANCHEZ AND BAYFRONT PARK TRUST FOR ITS
REMARKABLE TURN AROUND OF BAYFRONT
PARK — THANK CHRISTINA ABRAMS AND JAY
CONSTANZ.
60.
APPROVE AND ADOPT ANNUAL BUDGET OF
9/28/00
DEPARTMENT OF OFF-STREET PARKING FOR
R-00-857
FISCAL YEAR 2000-2001, $7,876,7329 EXCLUDING
285-287
DEPRECIATION, AND OTHER NON-OPERATING
EXPENSES OF $2,285,963.
61.
APPROVE AND ADOPT ANNUAL BUDGET OF
9/28/00
DEPARTMENT OF OFF-STREET PARKING FOR
R-00-858
FISCAL YEAR 2000-2001, $688,500, EXCLUDING
288-289
DEPRECIATION, TO PROVIDE FOR OPERATION OF
GUSMAN CENTER FOR PERFORMING ARTS AND
OLYMPIA BUILDING (See #67).
0 0
62. (A) APPROVE AMENDMENT TO FISCAL YEAR 2000
9/28/00
BUDGET FOR SOUTHEAST OVERTOWN/PARK
R-00-859
WEST AND OMNI CRA DISTRICTS.
R-00-860
(B) APPROVE FISCAL YEAR 2001 BUDGET FOR
R-00-861
SOUTHEAST OVERTOWN/PARK WEST AND OMNI
R-00-862
CRA DISTRICTS.
R-00-863
(C) APPROVE CAPITAL PROJECTS AND
R-00-864
PROGRAMS FOR SOUTHEAST OVERTOWN/PARK
290-296
WEST AND OMNI CRA DISTRICTS.
63. SCHEDULE TIME CERTAIN OF 3:00 P.M. AT
9/28/00
NOVEMBER 9, 2000 COMMISSION MEETING TO
R-00-865
SOLICIT INPUT RELATED TO INFRASTRUCTURE
297-298
AND ORGANIZATIONAL GOALS AND OBJECTIVES
FROM LEASERS OF DOWNTOWN MIAMI
BUSINESS COMMUNITY, MEMBERS OF
DOWNTOWN DEVELOPMENT AUTHORITY, AND
REPRESENTATIVES FROM CITY NET OFFICES.
64. RESCHEDULING THE NOVEMBER 23'
9/28/00
COMMISSION MEETING TO TAKE PLACE ON
R-00-866
NOVEMBER 16.
299-300
65. DIRECT MANAGER TO SCHEDULE SECOND 9/28/00
READING OF PROPOSED REGULATION ON HOURS DISCUSSION
OF OPERATION OF PACKAGE STORES FOR 301
ALCOHOLIC BEVERAGES.
66. RESCIND RESOLUTION NOS. 98-580 AND 00-418, 9/28/00
ABOLISHING HOUSING LOAN COMMITTEE; R-00-867
AUTHORIZE AND DIRECT MANAGER TO 302-305
ESTABLISH AN ELEVEN MEMBER HOUSING
AND COMMERCIAL LOAN COMMITTEE TO
APPROVE/DISAPPROVE HOUSING AND
ECONOMIC DEVELOPMENT LOANS AND/OR
GRANTS PROVIDED BY CITY THROUGH
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), HOME INVESTMENT PARTNERSHIP
(HOME) AND STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAMS; GRANT
AUTHORITY TO HOUSING AND ECONOMIC
DEVELOPMENT LOAN COMMITTEE TO
APPROVE/DISAPPROVE LOAN APPLICATIONS FOR
FUNDING TO UNDERTAKE HOUSING AND
ECONOMIC DEVELOPMENT PROJECTS,
SUBORDINATION AGREEMENTS, LOAN
RESTRUCTURING PLANS AND/OR LOAN
REPAYMENT PLANS FOR HOUSING AND
BUSINESS LOANS IN CITY'S EXISTING LOAN
PORTFOLIO; AUTHORIZE MANAGER OR HIS
DESIGNEE TO APPROVE/DISAPPROVE SPECIFIC
HOUSING LOANS PROVIDED BY CITY THROUGH
CITY'S CDBG AND SHIP FUNDED SINGLE FAMILY
REHABILITATION AND HOMEBUYERS
FINANCING PROGRAMS; REQUIRING REVIEW
AND APPROVAL OF EACH TRANSACTION BY
STATE FINANCIAL EMERGENCY OVERSIGHT
BOARD.
67. CLARIFICATION ON GUSMAN BUDGET. 9/28/00
DISCUSSION
306
68. AUTHORIZE AND APPROVE AMENDMENT TO 9/28/00
LOAN AGREEMENT, DATED OCTOBER 25, 1995 R-00-868
BETWEEN CITY AND SUNSHINE STATE 307-310
GOVERNMENTAL FINANCING COMMISSION AND
AMENDMENT TO LOAN AGREEMENT DATED
MAY 12, 1994 BETWEEN CITY AND SUNSHINE
STATE GOVERNMENTAL FINANCING
COMMISSION FOR PURPOSE OF CURING ANY
AMBIGUITY OF CERTAIN PROVISIONS OF LOAN
AGREEMENTS AND FOR PURPOSE OF PROVIDING
THAT SUCH LOAN AGREEMENTS SHALL SECURE
COMMERCIAL PAPER ISSUED UNDER TRUST
INDENTURE OF COMMISSION DATED OCTOBER
12, 2000; PROVIDING CERTAIN OTHER MATTERS
IN CONNECTION THEREWITH.
69. GRANTING $11,000 FOR MIAMI INTERNATIONAL 9/28/00
RUGBY SEVENS EVENT AT CURTIS PARK R-00-869
STADIUM TO SUPPORT ORGANIZING A LEAGUE 311-312
IN MIAMI.
70. MIAMI STREET CODESIGNATION COMMITTEE'S 9/28/00
PROPOSED CODESIGNATION OF STREET TO M-00-870
HONOR NORA SWAN, FORMER FILM 313-314
COORDINATOR FOR CITY.
71. EXPRESS DEEPEST SYMPATHY AND SINCEREST 9/28/00
CONDOLENCES OF COMMISSION ON BEHALF OF R-00-871
CITY TO FAMILY AND FRIENDS OF FRANCISCO 315-316
LOPEZ-BORGES UPON HIS UNTIMELY DEATH.
72. COMMISSIONER TEELE RECOGNIZED LEROY 9/28/00
CROMARTIE, A 26 -YEAR VETERAN OF CITY UPON DISCUSSON
HIS UNTIMELY DEATH. 317
0
•
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th 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 9:35 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 Joe Sanchez (District 3)
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 Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Monsignor Emilio Vallina, after which, Commissioner Sanchez
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS
TO MONSIGNOR EMILIO VALLINA IN RECOGNITION OF HIS SERVICE TO THE
COMMUNITY.
CERTIFICATES OF APPRECIATION TO INDIVIDUALS WHO ASSISTED WITH THE
TECHNOLOGY CENTER OF THE AMERICAS: JAVIER CARBONELL, CHRISTINE MORALES,
MARIA NARDI, MIGUEL GUTIERREZ, ROBERTO VILLANUEVA, PAT ALLISON, FRANK
ROLLASON, REY BENITEZ, ANA GELABERT-SANCHEZ, MARIO CAMBAS, HECTOR LIMA,
NINO COLL, VIRGIL FERNANDEZ, DEBBIE FAGAN, WILLIAM BRYSON, SORAYA
GONZALEZ, JOHN JACKSON, CESAR GONZALEZ, MIGUEL LEMUS AND ALBERT
DOMINGUEZ.
Vice Chairman Gort: We have quite a few presentations today. Who wants to go first?
Commissioner Sanchez: Let me just do my proclamation, which is just a proclamation. If I could have
Monsignor Emilio Vallina come up, please. Where is he? This proclamation is being presented to
Monsignor Emilio Vallina, who has been a member of our community for 40 some years, and who has
distinguished himself as not only a community leader, but a very respectable individual in our community.
And the proclamation reads as follows: Whereas Monsignor Emilio Vallina of the.Church of San Juan
Bosco has been an important part of our community, assisting not only religiously, confronting our
citizens, but also providing a great community service, such as feeding the hungry, providing medicine to
the poor, and doing things that have always put him at a higher standard. In 1963, he was named
administrator of San Juan Bosco, and he's been there ever since. As the pastor, he has worked very hard
to provide assistance to the needy. During all these years, Monsignor Vallina has distinguished himself as
a world-class priest, declaring many days as Amor A Dios, a member of the nation. He is from Cuba, and
he continues to pass on the traditions to all those that worship the Lord in his church. I am translating, so
that's why it's being a little hard for me. It's in Spanish, and I'll read it afterwards in Spanish. Also, he
has played a very important role right now in rebuilding San Juan Bosco, which is in the process of being
completed in the next months to come. It's a beautiful church. It provides a lot of services. And he's
done a lot of work with local hospitals to provide free health to the poor. So it is with great honor that the
Mayor of the City of Miami declares today, along with the Commissioners, Thursday, September the 28`x',
2000 as Monsignor Emilio Vallina Day. So please join me in a round of applause for this great gentleman
who has really done a beautiful work in our community.
(APPLAUSE)
Monsignor Emilio Vallina: From every City Commissioner that we have here today, my question: What
are you doing today? To support ,special projects, or to helping human condition? Only I remember the
words of the Apostles, (inaudible) of Cuba: To honor on us. And also, I am very honored, because you
give me this proclamation. Only I say I am ready to serve in any moment. God bless you.
(APPLAUSE)
Note for the Record: Commissioner Teele entered the Commission Chamber at 9:38 a.m.
1 9/28/00
0
Commissioner Winton: I would like all the staff personnel who were instrumental in getting the NAP
(Network Access Point) up and running in the City of Miami or at least the building started in the Citv of
Miami to please come forward. We've got certificates of appreciation for all of you. So if you all would
come up, and I'll run through the names. But before I do that, I think it's important for the public to
understand what we're doing here. We have an opportunity here in the City of Miami -- In fact, I was on
a breakfast panel yesterday morning, and the breakfast panel was geared to discuss information
technology and the whole NAP issue here in the City of Miami. And "NAP" stands for Network Access
Point. And the NAP is essentially a switching station where all the major Internet cable providers come
together in a big building, and they move Internet traffic between North America and South America.
And a NAP, a Network Access Point is being built in downtown Miami. And in the panel discussion that
we had yesterday, one of the participants brought out an international publication on information
technology that identified the City of Miami as the fifth most important telecommunications center in the
entire world. That's before we open the NAP. And there are those -- and I believe it was Commissioner
Teele that first said this, when he exposed me to the NAP, because I didn't know what a NAP was until he
invited me to a meeting downtown. And I believe it was Commissioner Teele that said -- and the
participants yesterday agreed -- that this may be the biggest event to hit South Florida since Henry Flagler
brought the railroad down here. There are five other NAP'S in the United States and one in --
Vice Chairman Gort: Four.
Commissioner Winton: Five. There's one in New York, Washington, Chicago, Dallas, San Francisco,
and we'll be --
Vice Chairman Gort: Miami is the fifth.
Commissioner Winton: How many is that? One, two, three -- let's see. New York, Washington,
Chicago, Dallas, San Francisco. We're sixth. So two of the biggest NAP's, however, were responsible
for generating literally -- by some estimates, the one in Washington, D.C. created several hundred
thousand jobs. This NAP -- and those NAP's are all at capacity. This NAP will be able to handle capacity
that's far, far and above anything ever built in this world. So it's a huge, huge potential job -generator for
our community. And more importantly, it's the technology that's coming to our community that relies in
many, many instances on college -- on high school graduates, not necessary college graduates for work.
And the jobs are great paying jobs. So we have an opportunity before us, if we organize this properly, to
create outstanding job opportunities for minority citizens in the City of Miami that could drive families
out of poverty virtually overnight. So that's another mission we have to do. But in order -- and Willy
made -- Commissioner Gort made a great point here. The DDA (Downtown Development Authority) has.
been working very, very diligently on this entire effort. In fact, there's been a huge team effort to make
the NAP a reality. And we had -- we had a responsibility or an opportunity, I should say, because getting
the NAP in Miami wasn't assured. But the one thing that we could do that could anchor the NAP in the
City of Miami was to do everything in our power to see to it that that building got built and the tenants got
in it. And in that regard, the City of Miami made a commitment. The commitment was to bring that
project to market as fast as we could, and probably faster than we've ever been able to do anything before.
And that's why we're bringing the staff up here, because the staff -- not Commissioner Teele, not
Commissioner Winton, not Commissioner Gort -- the staff made a major commitment to make this a
reality, and they worked day and night, nights and weekends, in partnership with the developer to get this
project out of the ground. And that's just phase one. Phase two is to make sure we do the same thing for
2 9/28/00
the tenants to get in, so we can get this thing up and running, and get this whole job generation enaine
started. So that's the background. And I want to thank all of the staff who participated. So here we go
with the certificates of appreciation. Maria Nadi. Let's see. Maybe I'll go down there. Maria, I'm
coming down there.
(INAUDIBLE COMMENTS)
Note for the Record: At this point, Commissioner Winton issued Certificates of Appreciation to all
those individuals who assisted with the Technology Center of the Americas. .
Commissioner Winton: This is the team that had to work directly with the developer, and their architects,
and engineers and their entire staff. This is the entire team that had to work their rear ends off to get that
thing out of the ground. And their work has just started. We got a lot of work ahead of us. And I want to
thank you all. And I will tell you; I've been around a lot of these people. Commissioner Teele has been
around them. The word out there is that the City of Miami can make things happen. And that word three
years ago was absolutely not out there. So you're all to be commended, and we thank you a lot. And on
behalf of all the Commissioners, we thank you.
(APPLAUSE)
Commissioner Winton: None of this could have happened without the City Manager, obviously, because
he's the guy that is their boss. I don't know why we didn't give him one.
(APPLAUSE)
Vice Chairman Gort: Commissioner Teele, you have a resolution?
Commissioner Teele: (Inaudible.)
Vice Chairman Gort: OK. Good morning, everyone. We don't have any vetoes from the Mayor's Office.
The Mayor would like to give these certificates out, and he's -- I was informed that he would be here at 10
o'clock to give them out.
3 9/28/00
2. CONSENT AGENDA
Vice Chairman Gort: Consent agenda. Does anyone have items that anyone would like to pull from the
Consent Agenda?
Carlos Gimenez (City Manager): Mr. Chairman, the administration wants to pull CA -2.
Vice Chairman Gort: OK. I had a question on that one. So you're pulling CA -2.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: What else?
Mr. Gimenez: We're also amending CA -7.
Commissioner Sanchez: So just for the record, you're going to withdraw CA -2?
Vice Chairman Gort: Yes.
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: CA -7, what's the amendment?
Maurice Kemp (Deputy Fire Chief): Maurice Kemp, Deputy Fire Chief. The total dollar amount is
actually less than you have in your published documents. The actual dollar amount will be thirty-eight
thousand, three fifty-six point thirty-five.
Vice Chairman Gort: This is CA -7?
Deputy Chief Kemp: Yes, sir.
Vice Chairman Gort: Thirty-eight thousand?
Deputy Chief Kemp: Thirty-eight, three fifty-six.
Vice Chairman Gort: Three fifty-six.
Deputy Chief Kemp: And thirty-five cents.
Vice Chairman Gort: OK. Anyone, any item on the consent agenda that any of the Commissioners would
like to pull or address? OK. Anyone --
Commissioner Sanchez: Hearing none, so move.
Vice Chairman Gort: Wait a minute. Anyone in the public who would like to address any one item on the
Consent Agenda? Very good. There's a motion by Commissioner Sanchez. Is there a second?
4 9/28/00
Commissioner Regalado: Second.
Vice Chairman Gort: Second. Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Note for the Record: CODE SEC. 2-33(J), STIPULATES THAT
CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE
AGENDA PRIOR TO CITY COMMISSION CONSIDERATION
SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR
AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED
MEETING OF THE CITY COMMISSION.
THEREUPON, MOTION DULY MADE BY COMMISSIONER
SANCHEZ AND SECONDED BY COMMISSIONER GORT, 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
5 9/28/00
2.1 ACCEPT BID OF SOUTH FLORIDA MAINTENANCE SERVICES, FOR BAYFRONT PARK
MANAGEMENT TRUST FOR PROVISION OF ONE-TIME TRIMMING SERVICES OF
BOUGAINVILLEA VINE FENCE SYSTEM WHICH SURROUNDS MILDRED AND CLAUDE
PEPPER BAYFRONT PARK, $36,610; ALLOCATING FUNDS FROM GENERAL OPERATING
BUDGET OF TRUST.
RESOLUTION NO. 00-809
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SOUTH FLORIDA MAINTENANCE SERVICES, FOR
THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") FOR
THE PROVISION OF ONE-TIME TRIMMING SERVICES OF THE
BOUGAINVILLEA VINE FENCE SYSTEM WHICH SURROUNDS
THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK, IN AN
AMOUNT NOT TO EXCEED $36,610; ALLOCATING FUNDS
THEREFOR FROM THE GENERAL OPERATING BUDGET OF THE
TRUST.
2.2 ACCEPT BID OF NATIONWIDE LIFT TRUCKS, INC. FOR PURCHASE OF TWO
COMPLETE FORKLIFT TRUCKS FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, TO BE UTILIZED BY VARIOUS CITY FACILITIES, $67,489, AND
PROVISION FOR FIVE-YEAR WARRANTY OPTION, $2,390; TOTAL, $69,876; ALLOCATING
FUNDS FROM GENERAL SERVICES ADMINISTRATION, LIGHT FLEET DIVISION AND
CAPITAL IMPROVEMENT PROJECT, "HEAVY EQUIPMENT REPLACEMENT."
RESOLUTION NO. 00-810
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF NATIONWIDE LIFT TRUCKS, INC., FOR THE
PROCUREMENT OF TWO (2) COMPLETE FORKLIFT TRUCKS,
FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, TO BE UTILIZED BY VARIOUS CITY OF
MIAMI FACILITIES, IN AN AMOUNT NOT TO EXCEED $67,489,
WITH A FIVE (5) YEAR EXTENDED WARRANTY, IN THE
AMOUNT OF $2,390, FOR A TOTAL AMOUNT NOT TO EXCEED
$69,879; ALLOCATING FUNDS THEREFOR FROM THE BUDGET
OF THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, LIGHT FLEET DIVISION, ACCOUNT CODE
NO. 503001.420905.6.850, IN THE AMOUNT OF $37,185 AND
CAPITAL IMPROVEMENT PROJECT NO. 311702.429401.6.840,
HEAVY EQUIPMENT REPLACEMENT, IN THE AMOUNT OF
$32,694.
6 9/28/00
•
2.3 ACCEPT BID OF LARRY & ASSOCIATES, INC. FOR PURCHASE OF TWO TOWNSEND T-
51AE PRINTING HEADS FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION,
GRAPHIC REPRODUCTION DIVISION, $16,700; ALLOCATING FUNDS FROM OPERATING
BUDGET OF GENERAL SERVICES ADMINISTRATION, GRAPHIC REPRODUCTION DIVISION.
RESOLUTION NO. 00-811
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF LARRY & ASSOCIATES, INC., FOR THE
PROCUREMENT OF TWO (2) TOWNSEND T-51AE PRINTING
HEADS, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, GRAPHIC REPRODUCTION DIVISION, IN AN
AMOUNT NOT TO EXCEED $16,700; ALLOCATING FUNDS
THEREFOR FROM THE GENERAL SERVICES ADMINISTRATION
GRAPHIC REPRODUCTION DIVISION OPERATING BUDGET,
ACCOUNT CODE NO. 505000.420501.6.840.
2.4 ACCEPT BID OF WEATHERTROL MAINTENANCE TO PROVIDE AIR CONDITIONING
MAINTENANCE SERVICES AT COCONUT GROVE CONVENTION CENTER FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, $37,540;
ALLOCATING FUNDS FROM OPERATING BUDGET OF COCONUT GROVE CONVENTION
CENTER.
RESOLUTION NO. 00-812
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF WEATHERTROL MAINTENANCE FOR THE
ACQUISITION OF AIR CONDITIONING MAINTENANCE
SERVICES AT THE COCONUT GROVE CONVENTION CENTER
FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS
AND PUBLIC FACILITIES, 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 $37,540;
ALLOCATING FUNDS THEREFOR FROM THE COCONUT GROVE
CONVENTION CENTER OPERATING BUDGET ACCOUNT CODE
NO. 415000.350201.340.
7 9/28/00
2.5 ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF
EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL TO IDENTIFY A
QUALIFIED CONSULTANT TO PROVIDE TEST DEVELOPMENT,
ADMINISTRATION/IMPLEMENTATION, AND SCORING SERVICES FOR PROMOTIONAL
EXAMINATION FOR CLASSIFICATION OF POLICE CAPTAIN; AUTHORIZE MANAGER TO
NEGOTIATE AGREEMENT WITH TOP RANKED FIRM, SHL LANDY JACOBS, INC., $97,900,
FOR DEPARTMENT OF POLICE. SHOULD NEGOTIATIONS FAIL WITH TOP RANKED FIRM,
COMMITTEE RECOMMENDS THAT MANAGER PROCEEDS TO NEGOTIATE WITH SECOND
RANKED FIRM, SHELDON ZEDECK, INC.
RESOLUTION NO. 00-813
A RESOLUTION (PENDING)
2.6 AUTHORIZE INCREASE IN TOTAL CONTRACT AMOUNT WITH MICHIGAN
INSTRUMENTS, $39,183.99, INCLUDING CREDIT FOR THREE RETURNED ITEMS FOR THIS
FISCAL YEAR, $15,926.41, AND $23,257.58 FOR NEXT FISCAL YEAR, INCREASING
CONTRACT AMOUNT FROM $27,825.48 TO $67,009.47 ANNUALLY FOR PURCHASE OF
ELEVEN (11) THUMPER CPR SYSTEMS, MODEL 1007 FOR DEPARTMENT OF FIRE -RESCUE,
ALLOCATING FUNDS FROM EMS GRANT AWARDS.
A RESOLUTION (PENDING)
RESOLUTION NO. 00-814
8 9/28/00
2.7 APPROVE PURCHASE OF COMPUTER PRINTER REPAIR SERVICES FROM VARIOUS
VENDORS, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-040-99-1,
EFFECTIVE THROUGH JUNE 30, 2001, $20,000, FOR DEPARTMENT OF INFORMATION
TECHNOLOGY.
RESOLUTION NO. 00-815
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF COMPUTER PRINTER MAINTENANCE
AND REPAIR SERVICES FOR THE DEPARTMENT OF
INFORMATION TECHNOLOGY FROM VARIOUS VENDORS,
UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-040-
99-1, EFFECTIVE THROUGH JUNE 30, 2001, AND ANY
EXTENSIONS THERETO, IN AN ANNUAL AMOUNT NOT TO
EXCEED $20,000; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000.460101.6.670.
2.8 AUTHORIZE PROCUREMENT OF TECHNICAL CONSULTING SERVICES FOR
MICROSOFT OFFICE AUTOMATION SOFTWARE, MICROSOFT WINDOWS, AND MICROSOFT
SOFTWARE DEVELOPMENT SOFTWARE FOR DEPARTMENT OF INFORMATION
TECHNOLOGY, FROM COMPAQ COMPUTER CORPORATION, UTILIZING STATE OF FLORIDA
CONTRACT NO. 973-505-01-1, EFFECTIVE THROUGH JULY 14, 2001, $40,000.
RESOLUTION NO. 00-816
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE PROCUREMENT OF TECHNICAL
CONSULTING SERVICES FOR MICROSOFT OFFICE
AUTOMATION SOFTWARE, MICROSOFT WINDOWS, AND
MICROSOFT SOFTWARE DEVELOPMENT SOFTWARE FOR THE
DEPARTMENT OF INFORMATION TECHNOLOGY, FROM
COMPAQ COMPUTER CORPORATION, UTILIZING STATE OF
FLORIDA CONTRACT NO. 973-505-01-1, EFFECTIVE THROUGH
JULY 14, 2001, SUBJECT TO ANY EXTENSIONS THERETO, IN AN
ANNUAL AMOUNT NOT TO EXCEED $40,000, CONSISTING OF
FUNDS IN THE ANNUAL AMOUNT OF $14,496 TO COVER 25
CONSULTING SERVICE INCIDENTS ("INCIDENTS"), AND A
CONTINGENCY OPTION TO PURCHASE ADDITIONAL
INCIDENTS IN BLOCKS OF 10 AT $2,500, FOR A TOTAL ANNUAL
AMOUNT NOT TO EXCEED $40,000; ALLOCATING FUNDS
THEREFOR FROM GENERAL FUND ACCOUNT CODE NOS.
001000.460101.6.270 AND 001000.460101.6.670.
9 9/28/00
3. TABLED: CONSIDERATION OF RATIFYING ACTION OF MANAGER IN EXECUTING
LEASE AGREEMENT WITH MS. ORIELLI TROIA, TRUSTEE, TO BE USED BY OFFICE OF
HOMELESS PROGRAMS FOR OFFICE SPACE, ETC. (See #16 and #33).
Vice Chairman Gort: Item 2.
Commissioner Sanchez: On the regular agenda, Mr. Chairman, if I may. I'd like to at this time defer item
17 till I meet with the administration, reference the correction of the language, and we'll bring it back in
the afternoon.
Vice Chairman Gort: OK. Item 17. Any other items that any Commissioner would like to pull? I have a
lot of questions on 17 myself. OK.
10 9/28/00
.4. (A) APPROVE,:AND CONFIRM, :SALARY ;,AND -BENEFITS TO BE RECEIVED BY
CITY. ATTORNEY ALEJANDRO. VILARELLO.
(B):APPROVE°SALARY INCREASE FOR CITY CLERK WALTER J. FOEMAN.
(C) ,ESTABLISH :POLICY TO - .;HAVE,'.. 'ANNUAL ' P,-ERFORIVIANCE -BASED
EVALUATION.OF CITY CLERK AND'CITY ATTORNEY.
Vice Chairman Gort: Item 2.
Commissioner Regalado: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: Moved and second concerning the --
Commissioner Sanchez: Discussion.
Vice Chairman Gort: Discussion.
Commissioner Sanchez: Mr. Chairman, I believe, at the last Commission meeting, some good
ideas came out of this Commission. One is to establish a yearly evaluation system of
performance for justification in the future of increase in salaries.
Vice Chairman Gort: One of the changes -- and this is up to this Commission -- that was done
about 2 years ago, when we created a committee, which I was in charge of, to analyze and look
at the Law Department and we came out with some recommendations. We brought people from
the private sector to look into the performance of Law Department, and they came out with some
recommendations. If you would like, we could do something very similar because I don't feel --
not being a lawyer. I'm not qualified or any one of us -- and it's up to you all -- the system you
all would like to establish.
Commissioner Sanchez: And if I may add to that. I have no objection to, you know -- we go
back to saying, you get what you pay for, and I do think that the Legal Department has done a
tremendous job under the leadership of Alex Vilarello. I am glad to see that some -- we're
increasing the number of cases that are staying in-house to save us money, and I don't think
anyone here would dispute the fact that the experience that he has and capacity that he puts in
this position and the efforts will be highly compensated somewhere else, much more than what
he's getting. But I just wanted to put on the record that there needs to be a system to justify any
increases' in salary for City employees.
Commissioner Teele: Mr. Chairman.
11 .9/28/00
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, at the last meeting we asked that both the attorney and the
clerk sit down and make -- come forth with a recommendation. I think the frailty in what we're
doing here is the fact that this resolution has been prepared by the City Attorney himself,
primarily, and it gets to the point, I think, that you're making, and that is that we should have a
regular process. However, I am a little bit -- and I certainly will yield to you as the chair -- but
I'm a little bit reluctant to creating and formalizing a committee because, in effect, the City
Attorney and the City Clerk work for the Commission, and whether you're a lawyer or not a
lawyer, it really gets down to whether you're a client or not the client. That's the real issue here.
And only you and each Commissioner can determine if you're satisfied with the City Attorney's
functions. I am -- as an attorney; I am extremely satisfied with the legal competence of our City
Attorney. But I do think that that is a little bit like making sausage I guess. I've never seen
sausage made but I understand it's not a pretty sight. This is something we can't really delegate
and shift around. I think that's one of the things that we sort of have to do. So, we really should
-- I think, if we're going to do this -- we should have a little bit of discussion about -- with the
City Attorney, right now, right here, and not just sort of move this as an automatic thing. I think
we should do the same thing, in fairness to the Clerk, today, and -- because they do work for us.
And, I mean, putting a committee involved -- if we need an oversight as we did before, I think a
periodic committee review every three or four years may be good, and I certainly believe that.
But for the purpose of annual retention and compensation, that's up to us and that's not something
I don't think we can very easily delegate. We obviously can seek input. But with your
permission, I would like to just say we're going to have five minutes or whatever it takes for each
Commissioner to express concerns or areas to the City Attorney. Because you know we never
do that. I mean, and it's a little bit unfair to the City Attorney and it's extremely unfair to the
institution of the Commission for us not to do this. So, --
Vice Chairman Gort: I understand, Commissioner Teele, but the one thing is, we came up with --
and I think we can do like in the private sector, where each one of the departments can come up
with a goals and performance that they expect to do and they have enough track record where
they can come up with that and, at the same time, with Commissioner -- for Attorney Vilarello to
go over, he was given a recommendation that was accepted by this committee -- by this
Commission and was instructed to please to try to comply. So this is may be something that he
can address of the documents that were given to him and the study that was performed. He was
requested to do certain changes and create certain changes within his ;department. Maybe that's
something we can do. But I agree with you, we're the ones that are satisfied. But I believe, in a
case like this, every three years, it should be sort of a performance audit, so they can come back
and let us know.
12 9/28/00
0
0
Commissioner Teele: I would strongly support a resolution that required a...
Commissioner Sanchez: Yearly.
Commissioner Teele: A performance audit on bi-annual basis, with -- that is every two years,
because that's -- you have an election every two years and, technically, he's up for renewal
formally every two years, although informally, he and the Clerk are subject to -- you have a four-
year contract.
Mr. Alejandro Vilarello (City Attorney): Subject to three votes.
Commissioner Teele: Subject to three votes. But I think that would be very good. I think it's
fair to anyone coming on -- to the Commission to do that. The same way that we did with the
last review. So, I would strongly support that. But I think the issue today is the retention and
compensation as opposed to the evaluation of the office per se. But I have several questions that
I'd like to ask you, whenever it's appropriate.
Vice Chairman Gort: Okay. Commissioner Sanchez.
Commissioner Sanchez: No statement.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Yes. I think that, in my mind, I'm kind of breaking this up into two
component parts. One is the decision in front of us today, and it's clear that we've got to make
some sort of decision because it's been way too long. As I said at the last meeting, I don't -- and
I'm going to support this today, no question about it. But I don't -- I'm not satisfied with the
process and I wouldn't support this same kind of process the next go round. And I feel that,
while I agree with Commissioner Teele, that ultimately this is all our responsibility, I don't have
the tools to make the appropriate decisions. And there are two arenas that are crucially important
here. One is the compensation, salary and benefits, and I can't make a decision as to whether or
not we're paying him a competitive salary or providing him a competitive salary and benefits
package because I don't have the data on what comparable salaries and benefit packages are for
like kind jobs. And, so, I think we need that kind of information in front of us to make the right
decision. Then, on the part. of performance. It isn't, in some ways, so difficult for us to kind of
just look at the thing and make a decision about Alex's performance, as it relates to our direct
connectivity to him. However, he's a department head and has a whole department that he's
running, that has a pretty large budget and, so, it seems to me that what we really need to be
doing is measuring Alex as the -- as not only the City Attorney, but the head of the entire legal
department. And, again, I don't have the tools in front of me to make decisions about whether or
13 9/28/00
0
not that department is being run with -- is efficient as it could or whatever -- and, frankly, in the
law arena, I don't know what the key performance indicators are. I don't know how to measure
performance. And so, -- and I'm very, very big on being able to measure performance and
paying people based on performance. So, I think, again, we need the tools in front of us in order
to be able to make a decision relative to how well that global job is being done and without the
tools, I can't make that decision. So, that said, I don't know how we can do our job of making the
ultimate decision, unless we bring the tools to the table. And, typically, the only way you can get
those tools is to find, internally, the expertise that can provide us those tools, and I'm not sure the
City has those internal skill sets. Or the second way is to hire consultants who bring us the tools
so that we can one, figure out whether or not the salary and benefits package is appropriate and
two, to help us set up clear-cut performance guidelines for that department by which we can then
measure his performance and decide what kind of raise we want to give him or we may not want
to give him a raise. I mean, could be doing an awful job and he wants to do something. But we
don't know any of those things. So that's -- I think we have to frankly -- unless we have the
internal tools, I think we've got to bring on board for us consultants that can bring those tools to
this table with us.
Commissioner' Sanchez: Mr. Chairman.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, you know, I'm one that usually likes to compare
government to the private sector. But if you look at the private sector, I think that everyone who
is employed in the private sector has either a yearly evaluation, where you are evaluated and
where your performance is — and, once again, it's all about documentation. Documentation is a
key ingredient in whether justifying an action or not justifying an action. So, if we don't have a
process -- and your -- maybe you're right about going outside and having a professional come in
and come up with the standards both for the City Attorney and the City Clerk, but if we
somehow -- and I would support -- by yearly or maybe -- or annually, I don't think I could vote
three years. But, you know, we need to have some type of standardization, which is fair, to
compensate. Now, there are a lot of questions that we could ask. I, for one, feel that the services
provided, of course, the hours you put in, the staff you have, how many cases you handle a year,
it's an overwhelming responsibility. Your staff -- once again, I want to state that some cases
have stayed in, which, in many other cases, would have gone out and cost us more money, and
it's all about costs and efficiency. So, I would support any resolution put forth by this legislative
body to create some type of performance standards where, once a year or bi-yearly, we -- either
the City Manager will, you know, write down exactly where he thinks your performance is at. I
think the Commissioners should also do the same and maybe have the Mayor also do it, and then
we're able justify, you know, whether your raise was appropriately given or not.
14 9/28/00
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Just on one point. I think it's really important that we understand the form
of government we're in. The Manager has nothing to do with the City Attorney -- that's sort of
like that wall -- a clear wall should exist between them. The City Attorney's job is to check, to
report on any matters relating to the management, not the vice versa. And, of course, the
Manager has resources, such as internal auditors and budget that applies to certain financial and
budgetary checks and balances personnel. But the clear governmental relationship is that the.
City Attorney works for the board of directors. He works for the corporate board. He does not
work for the CEO (Chief Executive Officer) of the company or the CO. And, so, I -- you know,
I'm just speaking for myself. I think, one on one, maybe you should talk to the City Attorney,
but that is a strong issue that I would totally want to make sure that we have a lot of discussion
before we create that new form of government in this country or in this community, that the
Manager is evaluating the attorney. Because that's just something that shouldn't happen.
Likewise, the City Attorney, by charter, is the chief legal officer for the City. And while by
ordinance or resolution, we have authorized the Mayor to have special counsel. I'm not sure if
that ordinance was ever repealed. I know there was a big debate when Suarez came in and we
sort of acquiesce to that. But by charter, any counsel, any lawyer is subordinate to the City
Attorney, and that presents a unique relationship because, in many ways, while the City Attorney
provides legal advice to each department and the City and -- including the Mayor, the City
Attorney only works for the City Commission and I want to make -- he doesn't work jointly with
the Commission, unlike the Manager, who works jointly with the Mayor and the Commission.
The City Attorney works only for the Commission. Works for the board of directors, the
corporation. Many -- most cities — in many cities they call it corporation counsel. So, I think we
need to be -- we don't need to start giving away anything that, quite candidly, the charter and
local government implies would work a different way. But I think ori — as it relates to Alex,
Commissioner Winton has it right. This really is two issues. The other point -- and I'll yield to
you, Commissioner Regalado -- is that this is not a case of first impression. I don't think we
ought to put ourselves in the position, as we discuss this, as if this is the first time this has been
around. The City Attorney's office was evaluated two and a half years ago by two different
committees set up by this Commission. And, Commissioner Gort, I think you chaired one of the
committees. And then there was actually an outside group that we appointed sort of as legal
advisors to us. Commissioner Winton, unfortunately, you weren't here during that process. The
salary was a part of that. I mean -- so, the actual salary -- this is not a denovo. This is not a new
hearing to discuss what the salary of the Commission is. We've agreed what the salary is.
Agreed on that three years ago, when we hired Alex. We went through evaluations of
comparable City Attorneys and comparable positions and there was a give and take discussion
made with Alex on that point. The same thing, I should suggest, is true of the City Attorney,
15 9/28/00
which we don't have a resolution before us, but clearly we should act on today, as well. But I
think we need to just put on the record what we're talking about here. Because we're not talking
about what we're talking about. We're not talking about determining his salary. We're talking
about adjusting -his salary. And I think there is a big difference. In other words, we know what
the base salary is. This is not a denovo where we're just going to go around and discuss that.
What we're really talking about is a five percent increase that is -- has some degree of
retroactivity associated to April. Is that correct, Alex? And correct me if I'm wrong on the facts.
Mr. Vilarello: It's a five percent increase for each year that I've been here.
Commissioner Teele: Okay. So, that's five percent for each year, which is --
Mr. Vilarello: At this point in time, it would be 10 percent.
Commissioner Teele: And the fact of the matter is, is that during these last two years, we have
not addressed this. There has been no discussion, unlike with City staff and the Manager staff,
where they go through that process annually. And, see, again, the distinction is, Alex works only
for us. He doesn't work for the Manager. He doesn't work for the Mayor. And, to a great extent,
you know, we're sort of criticizing ourselves because we haven't done what we could have done
or should have done in this evaluation for the City Clerk and the City Attorney. The other thing
that we're talking about is the COLA (Cost of Living Allowance). That's not automatic with
you?
Mr. Vilarello: No, sir. It has been put in each of the Manager's packages since the beginning. I
did ask for it and the Oversight Board objected, and I -- considering the circumstances two and a
half -years ago, I agreed to the removal of it until such time as the City was in somewhat better
fiscal condition.
Commissioner Winton: So, is this ten percent, plus COLA or is this ten percent inclusive of
COLA?
Mr. Vilarello: No. Over that same period of time, up through this October, every City employee
has received a COLA that would equal eight percent, so this is slightly more. It would be
independent that, in the future, if COLA were to be applied to the general employees, I would
participate in that. But it's not ten percent plus the last two and a half years of COLA. It's --
16 9/28/00
•
Commissioner Winton: It's ten percent, period.
Mr. Vilarello: Period.
Commissioner Winton: Got it.
•
Mr. Vilarello: Period. And in the future, I would like to participate =-
Vice Chairman Gort: Commissioner Regalado.
Commissioner Teele: And, then, it also has a provision -- I mean, I'm just putting this -- we're
not really talking about a salary -- we're talking about the fine tuning and adjusting of the salary,
and I think it's extremely conservative, in light of the legal challenges that this City has been
under, that this Commission has been under, and the quality and level of representation that
we've had. The other matter is an administrative matter that allows for either a car allowance or
an automobile and, right now, he has one choice and it provides him with the same choice that
the Commission has, and other seniors have. I think there may be one other deferred
compensation matter that would be effective January 1 of this year.
Mr. Vilarello: Commissioner, that was also one that, in my original package, was included --
Commissioner Teele: That the board approved.
Mr. Vilarello: That this Commission approved, the Oversight Board objected and I, again --
Commissioner Teele: And the Oversight Board objected primarily based upon fiscal impact and
out year impact because at the time we were really dealing with those things. But this
Commission had approved -those things. So, again, I just -- you know, we're not talking about
rewriting his salary. We're talking about adjusting the salary. And I just wanted to put that on
the record. I apologize, Commissioner Regalado.
Commissioner Regalado: Thank you, Commissioner. I wanted to jump and say what some of
the things you said, that we have to be very clear that the City Attorney does work for the
Commission and -- in terms of looking at him and his department, I think this has to be the sole
responsibility of the members of the Commission for several reasons, and, you know, when the
City Attorney brings a settlement, we are the ones that vote. When the City Attorney loses one
case, we are the ones that vote to pay those people who won the case. When the City Attorney
brings us an ordinance or a resolution that is going to be the law of the land in this City, we are
the ones that are vote. So, we are the ones directly involved in his work and we should be the
17 9/28/00
ones that would be those -- those will be looking at his work directly. The fact that, in principle,
last meeting we agreed of what the City Attorney requested is in a way an evaluation. And I
hope that we can decide some kind of method to evaluate all of the departments, but in the case
of the City Attorney and the City Clerk, we have to, I guess, look, number one, how many cases
he wins or lost. Number two, the response to the City Commission. Number three, the way that
they interpret loss and counsel the different departments. So, I am -- frankly, I'm very happy
with the performance of the Law Office and I think that the City Attorney is very responsive to
all the needs and I -- I would think that if he have to do some evaluation, we should do it
ourselves. That's all.
Vice Chairman Gort: Thank you. And number four is to make sure that all the contracts are well
reviewed and well executed and expedition takes place. Let me ask you a question. My
understanding is, we do have caps in all the positions within the City.
Mr. Carlos Gimenez (City Manager): Yes. There is a salary arrangement.
Vice Chairman Gort: Because I also would like to see a salary arranged in managing this position
because the five percent increase, if the person stays forever, they could go beyond -- Mr.
Attorney.
Mr. Vilarello: Yes, sir.
Commissioner Sanchez: Mr. Chairman, I'd like to present a resolution.
Vice Chairman Gort: Any recommendation that you believe that this -- there is a resolution that's
being moved and second, but I'd like to hear from the attorney. You heard about the different
way -- a system that we should be able to evaluate
your performance, any thought into that?
Mr. Vilarello: Well, with regard to the evaluation period, certainly myself and the members of
my staff would welcome any review. We participated in the process that Commissioner Gort,
you chaired, before I became the City Attorney and approximately a year after I came on board, I
issued a letter to you all saying that we had, in fact, implemented each and every one of the
committee's recommendations and as we discussed, some of those things -- when I became City
Attorney, I was not necessarily the greatest fan, nor did I believe that those were effective.
However, in reviewing the studies and discussing it with my staff, I,found that many of those
recommendations were very helpful, not only to myself, but to the members of the staff to know;
for example, on an annual basis, that they were going to get reviews and a discussion with me of
exactly where they were in the office, and that has gone into place. And for me, it's been a
wonderful management tool because it gives me an opportunity to sit down, let them know
18 9/28/00
where I think they are and where I think they are going. That very same process that I put my
staff through is one that we can change to put myself through that -- for your benefit. And I
would be more than willing and happy to judge myself by the standards that I require of them,
and I can put that together for you and bring back a recommendation, if you want to do it
internally. If you want to do it by committee or by consultant, I also welcome that process.
Vice Chairman Gort: Okay. Have it delivered to all of us. Okay. There is a motion and a
second. Is there any further discussion? All in favor state by saying --
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: The organization plan, which is a part of the budget process (I think it's
section five of our budget) requires that each department submit the organization. One of the
things that we talked about a year ago was creating more of a pyramid approach. In other words,
I am very frustrated when you call a department and the department head is not there and no
decisions can be made. If that is the case for us, it's in spade for the public. We ask that each
department designate a deputy or assistant director or et cetera. When we get to this evening,
could you discuss with us how your office is organized, et cetera. I know that you all went
through the management review that the Oversight Board -- what is that process called, strategic
Mr. Vilarello: Operational planning studies.
Commissioner Teele: Operational planning studies. And I know you all were one of the first,
and I understand that that worked out very well --
Mr. Vilarello: Yes, sir.
Commissioner Teele: -- with you. The other issue is, I would like to express, on the record,
again, my concern for affirmative action, particularly in the case of African-Americans, where
we've just had a tremendous net loss of African-American lawyers in the legal department. And
I would also like to put on the record that I think that has nothing to do with the management. It
has to do, again, with the economics and the opportunities that are in the private sector and the
public sector that we're seeing a drain. And I think we need to be very sensitive to that, but I also
think that you need to be sensitive to that in your recruiting efforts. And we've had those
discussions in private and I certainly want to respect the notion that the City Commission should
specifically defer and refrain from interfering with the hiring practices of the City Attorney's
office, something that apparently, in the past, was a major problem. And I'd like to ask you, on
19 9/28/00
the record, have you had or are you having any problems from any Commissioner or the
Commission in terms of interfering with the hiring or process in the City Attorney's office?
Mr. Vilarello: This was an issue that was, of course, brought up by Commissioner Gort's
committee, as well as the Oversight Board's committee. In the two and a half years that I've been
here, it's -- I'm proud to say that not -- no single Commissioner has inquired with regard to the
hiring practices in my office, other than general issues that you -- for example, you and I
discussed, which I agree with you, with regard to affirmative action issues and recruitment and
those issues. There has been no other discussion with regard to hiring practices in my office.
The staff welcomes it and I appreciate it.
Commissioner Teele: The other weakness that was identified in Commissioner Gort's report,
and particularly in the federal audit of Community Development, was the weakness in protecting
the federal assets and the City assets on foreclosures and the various legal maneuverings that
happens in the private sector, and the City just seems to have been out maneuvered; causing the
loss of tens of thousands and possibly even million of dollars. Is that an over statement, Ms.
Director?
Ms. Gwendolyn Warren (Director, Community Development Department): No, it's not.
Commissioner Teele: Okay. Of millions of dollars of funds. Have we corrected those problems
to your satisfaction?
Mr. Vilarello: We are in the -- certainly, from here and into the future, be have corrected the
problems. In fact, some of the concerns that Commissioner Gort has expressed and others with
regard to contracts flowing quickly through the office, have to do with a little bit of my putting
the brakes on to make sure that when these agreements are put together, that they are easily
enforceable, and the HUD dollars and the City dollars are adequately protected. And the
Manager and I have hopefully to present to you later this afternoon, a solution to the HUD
(Housing and Urban Development) audit findings, with regard to the defaulted loan portfolio.
But I think that we're certainly well on the way to resolving many of those issues.
Commissioner Teele: All right. In summary, the motion by Commissioner Regalado, which I
second, provides for a five percent increase and -- with the effective date contained in there --
and the deferred compensation. For the record, you would have been entitled to four percent if
you were a regular employee.
20 9/28/00
0
Mr. Vilarello: It would,be, as of this October, eight percent.
Commissioner Teele: Four percent each year.
u
Mr. Vilarello: It fluctuated, depending on the collective bargaining agreement. The first one
was four, then two --
Commissioner Teele: All right. With your permission, then, I would like to amend the motion,
with the permission of the maker of the motion, to provide the eight percent, four and four, with
-the effective dates as noted for the Clerk of the Commission, as well. Will you accept that --
Commissioner Winton: As opposed to the five and five?
Commissioner Teele: No. Well, yes, as opposed -- the five and five for the City Attorney. The
four and four, which is what the management would have otherwise received or -- or five and
five. Five and five for the Clerk, as well.
Commissioner Winton: Okay. I must have been daydreaming. So, we've added --
Vice Chairman Gort: Wait a minute. First we have to vote on the one on the attorneys, and then
we make a motion.
Commissioner Teele: Well, I was going to amend that, but I'll be happy to make it as a separate
motion.
Vice Chairman Gort: Okay. All in favor state by saying aye.
The Commission (collectively): Aye.
21 9/28/00
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-817
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), RATIFYING, APPROVING AND
CONFIRMING THE SALARY AND BENEFITS TO BE
RECEIVED BY CITY ATTORNEY ALEJANDRO
VILARELLO.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Separate motion.
Commissioner Teele: A motion to provide the increases of five percent, effective 4/25/99, and a
five percent effective 4/15/00, plus COLA, if any, with the deferred compensation at 8,000 per
year, effective 1/1/2000 for the City Clerk. So moved.
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Winton: Second. Question.
Vice Chairman Gort: Question.
Commissioner Winton: Just on clarification because that's -- in terms of the wording in Alex's
package here -- that's why I asked about the -- you know, it says five percent increase, effective
22 9/28/00
• 0
5/14/00, plus COLA, if any -- and that's why I asked if this was inclusive -- whether the ten
percent was inclusive of the past two year's COLA or exclusive because I didn't want to be
talking about an 18 percent increase over two years. I was talking about ten. And he answered
the question -- and the answer to the question was it's a ten percent increase over two-year
period.
Commissioner Teele: Strike the word "COLA, if any" from my resolution.
Commissioner Winton: Thank you.
Commissioner Teele: And would you ask the City Attorney -- City Manager to file the
appropriate resolutions or the appropriate documentation today before we leave, so that we can
ensure that there is budget funds in the Clerk's budget to cover this?
Mr. Carlos Gimenez (City Manager): Yes, sir.
Vice Chairman Gort: And my understanding, all of this will be part of the existing budget that
was presented by that. Okay.
Commissioner Teele: Existing budget, right. Subject to fund availability.
Vice Chairman Gort: Right. Any further discussion? All in favor state by saying aye.
The Commission (Collectively): Aye.
23 9/28/00
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-818
A RESOLUTION OF TE MIAMI CITY COMMISSION
APPROVING A SALARY INCREASE FOR CITY CLERK
WALTER J. FOEMAN.
(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
Mr. Vilarello: Mr. Chairman,
Vice Chairman Gort: Yes.
Mr. Vilarello: If I could, just very briefly -- I'm going to violate the first rule. When the court
rules in your favor, you should remain silent and leave quickly and say that I continue -- it's a
privilege to serve this Commission and it's a privilege to serve this City. The benefits that I
receive and the very nice things that each of you said with regard to my office, I owe to a fine --
as fine a staff of government lawyers and legal assistants as there are. And as I said to the
department heads in the past, our ability to provide good, legal services has so much to do with
the quality of the department heads that serve this City, and from our perspective, I just like to let
you know that you do, in fact -- the Manager has a fine -- the finest .staff of department heads
that make our job of providing legal services much easier, and I thank you.
Vice Chairman Gort: Okay. Thank you.
24 9/28/00
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Sanchez: I would like a motion directing the City Attorney to prepare a
resolution establishing a procedure based on a yearly evaluation performance standards for both
the City Attorney and the City Clerk to be prepared by this City Commission. So moved.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second. All in favor state by saying aye.
Commissioner Teele: Does that include salary adjustments, if any?
Commissioner Sanchez: No.
Commissioner Winton: Say that again, then. Repeat the resolution.
Vice Chairman Gort: The resolution is what we request the --
Commissioner Sanchez: This Commission...
Vice Chairman Gort: The performance...
Commissioner Sanchez: This Commission, on a yearly basis, will have the authority to evaluate
both the City Attorney and the City Clerk, not to base any increase in salary, but just to evaluate
their performance by this Commission.
Commissioner Winton: The question, Commissioner, why wouldn't we include in that an annual
salary survey so that we could make that determination if we chose to? Because there -- you
know, most of the time, they are tied together, part and parcel. I mean, they don't -- they are not
always, but at least you could make the decision.
Commissioner Sanchez: Well, my motion does not include that.
Vice Chairman Gort: We could make a decision at the end of the report. That doesn't have to be
part of the report. You don't have to make it automatically because you might think -- you might
not want to be five. You might want to be two or three.
Commissioner Winton: Well, but the point is that you don't know what it's going to be. If you
25 . 9/28/00
•
don't have the salary survey done, you don't know whether you want it to be two or three, other
than let's pick a number out of the clear blue air and that's not a good way to run a railroad.
Vice Chairman Gort: Well, what you're saying is the motion should have a cap. It shouldn't be
no more than --
Commissioner Winton: No, I don't -- I think we ought to vote on his motion and then I'll bring
another motion forward.
Vice Chairman Gort: Okay. All in favor state by saying aye.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-819
A MOTION DIRECTING THE ESTABLISHMENT OF A
POLICY TO HAVE AN ANNUAL PERFOMANCE BASED
EVALUATION OF THE CITY CLERK AND THE CITY
ATTORNEY.
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
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I would like to move that we -- that .the City Attorney be directed to
identify a process whereby annual -- on an annual basis, we can have competitive salary and
benefits information put before this board simultaneously to the timing of performance review so
26 9/28/00
that, if we choose, we can adjust his salary on an annual basis, armed with all the information we
need.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second. Any further discussion?
Commissioner Winton: And the City Clerk. I'm sorry.
Commissioner Sanchez: Both. The City Attorney and the City Clerk.
Commissioner Winton: City Attorney and City Clerk.
Commissioner Sanchez: Was this based on a resolution formed? Yes.
Commissioner Winton: Yes.
Vice Chairman Gort: Yes.
Commissioner Sanchez: So, both would come -- should be brought in the next agenda. Okay.
Vice Chairman Gort: All in favor state by saying aye.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 00-820
A MOTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO IDENTIFY A PROCESS WHEREBY THE CITY
CAN MAKE AVAILABLE AND BRING FORTH
COMPETITIVE SALARY AND BENEFITS INFORMATION TO
BE PLACED ON THE NEXT COMMISSION MEETING
AGENDA.
27 9/28/00
•
0
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None
28 9/28/00
11
C�
5. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE
ACQUISITION OF CONSUMABLE SUPPLIES FOR XEROX 4850 LASER PRINTING SYSTEMS
FROM XEROX CORPORATION, SOLE SOURCE PROVIDER, FOR DEPARTMENT OF
INFORMATION TECHNOLOGY, 535,000.
Vice Chairman Gort: Item 3, the acquisition of consumable supplies for Xerox.
Commissioner Teele: So move.
Vice Chairman Gort: Forty-eight fifty. It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-821
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
29 9/28/00
6. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE
ACQUISITION OF ONE MOTOROLA COMMUNICATIONS SYSTEM ANALYZER WITH
TRUNKING OPTION, AND FIVE-YEAR EXTENDED WARRANTY FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, $21,580 FROM MOTOROLA, INC., SOLE SOURCE
PROVIDER.
Vice Chairman Gort: Authorize -- Item 4, sole source purchase of one Motorola communications system
analyzer.
Commissioner Teele: So move.
Commissioner Winton: So move. Second.
Vice Chairman Gort: It's been moved. 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. 00-822
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (415THS)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 ONE (1) MOTOROLA COMMUNICATIONS
SYSTEM ANALYZER, WITH TRUNKING OPTION AND A FIVE (5)
YEAR EXTENDED WARRANTY FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION FROM MOTOROLA,
INC., THE SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO
EXCEED $21,580; ALLOCATING FUNDS THEREFOR FROM
GENERAL SERVICES ADMINISTRATION ACCOUNT CODE NO.
506000.420601.6.840.
(Here follows body of the resolution, omitted here and on.file in the Office,of the City Clerk.)
30 9/28/00
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
31 9/28/00
7. (A) MS. ELENA CARPENTER AND OTHER CONCERNED RESIDENTS OF
COCONUT GROVE TO ADDRESS COMMISSION CONCERNING INFRASTRUCTURE,
LANDSCAPING AND MAINTENANCE IN COCONUT GROVE AND BRICKELL
COMMUNITIES.
(B) MS. SILVIA CEJAS, PRESIDENT OF VILLAGE MARKETING BUREAU, TO
INTRODUCE COCONUT GROVE DESTINATION MARKETING CONSORTIUM.
(C) MANAGER TO COME BACK TO COMMISSION WITH STATUS REPORT ON THIS
ISSUE IN 60 DAYS.
Vice Chairman Gort: Item 5 has been withdrawn. Item 6. We have Ms. Elena Carpenter. Good morning,
ma'am.
Elena Carpenter: Good morning, Honorable Commissioners, Honorable City Attorney, City Manager,
City Clerk. I thank you very much for the opportunity to be here. My name is Elena Carpenter. I am the
publisher of the Coconut Grove Times, Brickell Post, and South Miami Times, with offices at 2980
McFarlane Road, Suite 204, Coconut Grove, Florida. I am not here to complain, you'll be happy to know.
I am here to ask you for your help. Basically, I'm here because for the last many months, way over a year,
we've had a number of calls from our readers, both in Brickell and in Coconut Grove, yes, to complain a
little bit and to question why the appearance of really some of our greatest destinations are so drab,
appearances that can range from unbecoming to dirty and occasionally, unsafe. We'll start -- I will make
this very short and very sweet. So we'll start with Coconut Grove. Here. And I've just listed a few
examples. I'd like to invite you to start at this with -- taking baby steps is really fine. What you're being
handed out is a little list of some key items we would love to see addressed. I really am pleased to tell you
that since we placed this item on the agenda, which actually, the process started way before the summer,
and then we went through the summer hiatus, and ended up getting to the agenda. Frank Rollason, our
Assistant City Manager, took the initiative of calling me, and we have met. We discussed the issues. He
was kind enough to ride the entire area with me. And consequently, not only is he aware of these issues,
but I think that we're also in agreement that there is need for improvement. On the list before you,
sidewalk repairs have already begun. We invite them to continue them and to actually take a little bit
further step and level the existing bricks, replace the broken ones, and not just repair those which are a
liability to the City. But we're very, very grateful about that. And the streetlights have also already begun
since -- really, since we met like two weeks ago, everything started happening. And I can't but be
extremely grateful to Mr. Rollason. Graffiti -- here's a wonderful garbage can, which does save us from
the garbage, but full of graffiti. Landscaping, I'll just let it go. Our planters, we really have none of it.
Street signs, we have them missing. I believe it's a County issue, but I still need to bring it out. Sanitation
and code enforcement, these are just a few examples of the items that we feel that we need to address right
away. Not to say that we don't care about vagrancy and traffic, and all these other issues, but these items
really are the main ones that we've received complaints or comments about from our readership. And we
do have the support of residents and business owners, alike. Many of them did offer letters of
endorsement for the effort. But I think that at this time, it's unnecessary. But I -- because I think that the
City is already working with us, and Mr. Rollason has been so willing to help on these efforts. I appeared
before the Village Marketing Bureau, which is a new consulting firm that's headed by Silvia Cejas, and
informed them that I had scheduled this item on your agenda to discuss all these infrastructure needs.
They felt so strongly about the needs for these improvements that they have actually embraced my effort
and will present to you, I believe, maybe later on during their marketing presentation some of their
findings. And they've done an exceptional, an exceptional job. So I'm very pleased that they've joined
32 9/28/00
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this effort. These issues are not new. They've kind of been around for a long time. And just as backup --
I don't really want to overwhelm you with paperwork, but I'll just give you for your reference a report that
Francisco Garcia, our NET (Neighborhood Enhancement Team) Administrator in Coconut Grove created
at the beginning of this year. It has all these items and then some. And I won't even go -- and then some.
But at least you don't have to take my word for it. They've been around for quite some time. I guess it
would be a good time to introduce to you Frank Balzebre, who is the Chairman of the Coconut Grove
Civic Club, former President of the Coconut Grove Village Council, and he's just going to tell you a
couple of words on this behalf. Thank you, Frank.
Frank Balzebre: Frank Balzebre, 3925 Park Drive. And I have more than a couple words. I'm going to
take my two minutes and read into the record a statement regarding the union of the Grove, so to speak.
Yes, I'm currently President of the Coconut Grove Civic Club, and past Chair of the Coconut Grove
Village Council. We are one of the oldest civic organizations in Miami. We are comprised of residential
members, both yearly and seasonal. I'm here to remind you today, as our elected officials that great cities
are built upon the strength of its citizens who passionately care about their neighborhoods and their local
business districts where they come to do their daily business and their recreation. The vision of Coconut
Grove is quite clear and simple. We are a bayside jewel trying to maintain its unique and singular image
of a true village. We serve not only our locals, but your relatives, your guests and many tourists from
around the world. I pose the question: Why shouldn't Coconut Grove be compared to the Carmels of
California, to New England seaside towns, to the Chesapeake Bay area villages? We have the natural
beauty and we have the historical layout to receive such renown and acclaim. Coconut Grove is a thriving
and vibrant community that is in obvious transition. Our sizeable tax base, both personal and business,
contributes not only to the services we receive, but to other city communities. We hope that you
recognize there is a great need for improvement within our village, and to make those decisions
accordingly. All we ask is for our pro rata share of basic services to keep Coconut Grove in the forefront.
Our demands are simple. They are quality of life issues: We do expect clean streets, clean sidewalks, but
we need also to help improve our parks. We would love to have a first class waterfront accessible to the
public, as well as preserving open quarter views to the bay. Dinner Key Marina, with proper planning,
could be a first class global destination. We have the tools, Commissioners. You have the tools. My
colleagues and I have worked hard and true over the last seven years to present to you the Coconut Grove
Planning Study. You adopted it, you legislated it over a year and a half ago. We paid over a hundred
thousand dollars ($100,000) to get this on the books. So I proffer to you as a solution, let's dust off the
study, bring it back to the forefront and implement and use parts of the study that we have. And finally,
you have a local tax base being paid by major landlords in Coconut Grove. The business interests in the
Grove are soon to be outclassed and outdone if we don't stay ahead of the game. We have Ocean Drive in
South Beach. You have Sunset Shops in South Miami. And you have the oncoming Rause Development
Project in Coral Gables, right in our backyard, making it more urgent that we get our infrastructure in
order. We have the capacity to be a world-class draw and a first class product. When Coconut Grove
shines, you shine with us. So, please, help us get our house in order. Thank you.
Vice Chairman Gort: Thank you.
Ms. Carpenter: Thank you very much, Frank. What Frank is going to be kind enough to hand out to you
now is -- I just couldn't waste the opportunity. This is in case you want to be visionary. What he's
handing out -- I'm not asking for you right now, but I want you to keep it in the back of your minds.
These are plans that were done years ago by a very prestigious architect, (inaudible)) for the redoing of
33 9/28/00
Commodore Plaza. They're absolutely spectacular. And the reason I give them out to you is because
perhaps after we're done fixing, we can take a visionary attitude and we can look into Coconut Grove.
Vice Chairman Gort: Elena, Elena.
Ms. Carpenter: Yes, sir.
Vice Chairman Gort: Let me ask you a question.
Ms. Carpenter: Yeah.
Vice Chairman Gort: My understanding -- and correct me if I'm wrong -- this was in front of us about, I
think, a year and a half or two years ago, and we approved. And I don't know what happened to the --
there was a budget to it and so on.
Ms. Carpenter: I don't, either.
Vice Chairman Gort: OK. We need to look into this. This was approved.
Ms. Carpenter: Thank you, Commissioner Gort. From our Brickell area community -- oh, I'm sorry. Let
me just finish with Coconut Grove. I have here, who will just address it very briefly, Gail Baldwin. He is
a resident of Coconut Grove for a number of years, many. Right?
Gail Baldwin: Yeah.
Ms. Carpenter: Like decades. And he's also a business owner and an architect that has probably designed
most of our nicest buildings. Gail Baldwin.
Mr. Baldwin: Good morning. Gail Baldwin, architect. I live at 1600 South Bayshore Lane, and I also
have my office at 3250 Mary Street. Daily, I walk Coconut Grove, go to lunch, get coffee, and each and
every day, I trip over a brick, or I see all this garbage around. And I think personally that Coconut Grove
right now has a self -congratulating negative.
Commissioner Teele: A what?
Mr. Baldwin: A self -reinforcing negative. In other words, unless something is done now, it will get
worse, and worse and worse. And it has to happen now. It can't be after the new projects around us --
and South Miami is already open, Coral Gables -- it will happen. And if you go and count the number of
vacant stores in Coconut Grove, you'll know what I'm talking about. The, second thing is I think we need
to be proactive both in downtown Coconut Grove and bringing West Grove and Coconut Grove together.
I think this is long, long, long, long overdue. And we're bringing it to your attention. We would like
some proactive responses.
Vice Chairman Gort: Thank you.
34 9/28/00
0 •
Ms. Carpenter: Thank you, Gail. From Brickell, from the Brickell community, we really come bearing
different news. In the months preceding the scheduling, and the summer hiatus and everything else of this
item, the Brickell area had been kind of concerned about a number of items that were making their area
look unsightly. I'm happy to tell you that I have here today John Holzberg from the Brickell Area
Association to actually thank the City of Miami for the great progress that has been made just in the last
few months addressing these issues. John Holzberg.
John Holzberg: My name is John Holzberg. I'm the immediate past President of the Brickell Area
Association, a current board member. My sole purpose here is to thank the Public Works Department, and
the Commissioners and the City Manager for making substantial progress on our biggest gripe, which has
been the median, Brickell Avenue median. I understand from the Public Works Department that in spite
of the lack of matching funding from the state that the money has been put together, the two hundred
thousand dollars ($200,000), and that work on the Brickell medians running from Key Biscayne to the
river is gong to start in either December or January. I have also been authorized to thank the Commission
on behalf of the Brickell Homeowners Association. Tori Jacobs and I have asked -- I told him I'd be
speaking to you all, and he asked me to pass on his thanks. Thank you.
Ms. Carpenter: Thank you, John. Now, I bring you back to my original presentation in Coconut Grove
where we do need a little bit more action. And I'm only here to request from you today that you direct the
administration or City Manager to study these issues and maybe report back to the Commission within the
next 30 or 60 days with maybe a plan or a proposal to address them. That is my entire request today. I
don't know if you would like to speak to it, Mr. Rollason or --
Vice Chairman Gort: Well, at this time, I would like to hear from Ms. Cejas, who is here who has got
very -- then we'll -- he can answer the both of you. OK?
Ms. Carpenter: OK. Just remember that that's all I really come to ask you today, because I'm not sure if -
Vice Chairman Gort: Well, I think it's about the same thing.
Ms. Carpenter: Is it?
Vice Chairman Gort: Yes.
Ms. Carpenter: OK.
Vice Chairman Gort: I mean, I should have put both of you together.
Ms. Carpenter: Thank you very much for your attention. 'Thank you, Mr. Rollason.
Vice Chairman Gort: Thank you. And we'll answer as soon as they finish their presentation, because
more or less, it's the same request.
Ms. Carpenter: And all I wanted is for you to just look into it. That's really all I would like to ask of you
today. Thank you.
35 9/28/00
Silvia Cejas: Thank you. Silvia Cejas. I'm principal of Village Marketing Bureau, 3250 Mary Street in
Coconut Grove. A couple of months ago, we started a Coconut Grove Consortium Group, consisting of
eight major developments in Coconut Grove. The initial idea behind this group was to look at marketing
Coconut Grove. Interestingly enough, during our first meeting, I was there with the group, and we started
talking about marketing, and all of a sudden, the development said, "Before we even get into marketing,
let's talk about the condition of the Grove." And as much as I kept trying to defer it back to marketing,
the group was very, very insistent that we look at the condition of the Grove. As a result of that, a walking
tour was conducted of the Grove between August 24th and 25th. I believe all of you have a binder
featuring pictures depicting Coconut Grove. What they say, a picture is worth a thousand words. I guess
that's all I could say about the pictures. Obviously, as everyone has eloquently spoken about, the Grove is
in dire need to have a lot done to the Village Center area. It's in a condition that it's very difficult to
attract visitors and businesses to want to do business in the Grove when it gives such a negative
impression. If you look at the binder, you'll find that even the boardwalk -- when I walked the boardwalk,
which was -- I think it was installed less than a year ago. It's hard to find a foot of that boardwalk that's
not littered with graffiti. And I was shocked, because, again, that's less than a year ago. We were all so
anticipating this boardwalk. And I walked there and I said, this is unbelievable. It's like a huge sign -in
sheet for everyone who comes to Coconut Grove. So once again, please review this binder. We actually
had the City Manager, Carlos Gimenez at our meeting, our last meeting, and his response to us has been
very positive. He's been very -- he's been a great communicator with the group, and I want to thank him
for that. Also, I want to mention that Francisco Garcia, the NET Administrator has been a very, very
positive face for the City of Miami, and he works very closely with the business community. So we're
asking that, you know, through these positive -- Right now, there's a great team in the City of Miami.
We're thankful to have great people back in the City of Miami. And through all this private/public help,
we can get these things taken care of. I'm sorry; did you want to say something?
Commissioner Regalado: I just want to say something that -- what Elena first and Silvia are saying. It's
information that is very important for us to know. But we have to look at it in a different way as it's been
presented. If we were to look at broken sidewalks, just because they are broken, as an area that needs to
be taken care of, we have to say, well, in the City of Miami, there are areas that do not have sidewalks, so
we have to prioritize that. If we are going to say, well, you know, we need signage, in the City of Miami,
there are areas, schools that need signs. But if we look at Coconut Grove from the marketing point of
view, and from the face of Miami, we have to say that in terms of major tourist attraction, we have two
and only two areas that we have to look at as major tourist attractions. That's downtown Bayside and
Coconut Grove. I think that we have to aggressively look into a marketing campaign for those two areas,
downtown and Coconut Grove. For if we get more revenues and more people come to rent stores or buy
property in Coconut Grove and downtown Miami, the whole City will benefit from it. I had the honor to
be appointed as the Commission representative to the Greater Miami Conventions and Visitors Bureau.
And I think that after two years, the members of the bureau are beginning to understand that there is a
need for them to look at these two sites, Coconut Grove and downtown Miami. If we look at their
marketing, they do market Coconut Grove, but not in the amount that we hope and we deserve. But we
need to work in a parallel way. Because, you know, last Sunday, I went to Coconut Grove and frankly, it
was empty. I went to the movies with my son at 3:30, and there were four people in the movie theater
with me. And Cocowalk was empty. No people at the table. And the problem that I saw -- I parked by
the street, and when you walk up to Cocowalk, you feel and you smell what you consider something that
is not very nice. I almost tripped on one of those broken sidewalks. So we have to think in infrastructure,
36 9/28/00
0 0
at least in the surrounding areas of the commercial area in Coconut Grove. I think that Silvia, who now
represents some major business, is finally working with the Greater Miami Convention and Visitors
Bureau. And 1, myself, am asking the Greater Miami Convention and Visitors Bureau that she also be part
of the process to use some matching funds that they havewith the funds of the private industry. I think I -
- I would guarantee to you that in the next 12 months, there is going to be a different marketing process
from the Greater Miami Convention and Visitors Bureau in terms of Coconut Grove as a tourist attraction.
But, you know, we need to do something in order to make those tourists that are going to come back,
because they have left the Grove, to feel them -- you know, so they can feel better and in a nice way. So
what I'm saying is that as your representative, I will bei pushing, as a matter of fact, in next month's
meeting, for a certain campaign to market Coconut Grove. But we need to at least, you know, try to do
some effort. And I say within the commercial areas, it will be unfair -- and I have to say this -- to other
areas of the City to say, well, we're going to use all the resources to build all the sidewalks that are broken
throughout Coconut Grove. I thank Francisco, also, because I know that he has been working very hard in
that area. But, you know, if you don't have the tools, you ,cannot do it. Let me tell you, something has to
be said. The Merrick Village is going to be built in Coral Gables. Sunset is going very aggressively after
the tourists, and they are building two parking garages, which is the main problem in South Miami right
now, the parking. People don't go more to Sunset because of the parking. So they're building two more
parking garages. And they are fighting for our dollars. And if we think that just by the name that the
people are going to come, we are very wrong. So I will take care of the Greater Miami Convention and
Visitors Bureau, but we need to do a little from the City's part.
Vice Chairman Gort: Thank you. At this time, I think -- I'm sorry, Silvia. Go ahead.
Ms. Cejas: I'm almost done. On the infrastructure side -- because obviously, when you do any marketing
campaign, you got to look at your product, and in this case, the product being Coconut Grove, going back
to the infrastructure side one moment. In the handout that we gave you right now, there were some
suggestions, and I just wanted to run them by. Obviously, because of the condition of the Grove right
now, we were suggesting that there should be one majorl sweep to get things up to a standard which is
acceptable, and after that, a preventive maintenance program started. So that way, things don't get so out
of control where fixing it becomes a major project. If there was a preventive maintenance program for the
sidewalks, for example, if someone's walking by, one is loose, it gets fixed. It doesn't get to be a major,
you know, financial burden or liability burden. So that's definitely a suggestion we wanted to make.
Also, routine monitoring of cleaning the light poles, and just general cleaning of the Coconut Grove area,
pressure cleaning. Something also we wanted to mention was the possibility of adopting a zero tolerance
policy against graffiti. It seems that this has become a favorite place for graffiti artists, and it would be
good for the City to research which areas have the toughest kind of policies against these artists, graffiti
artists, and adopt a resolution making it less of an incentive to come to the area. Additionally, having a
uniformed design for the street furniture, you know, so that everything matches is also something that
would really enhance the area. On follow-up in communication, the NET Administrator will be attending
the Village Marketing Bureau meetings, and we definitely want a liaison with him so that he is the voice
of the City, as far as what progress is being made. And we want to conduct a follow-up tour, this exact
fun tour in 60 days, and take the exact same pictures and be back here so we can see what's happened in a
two-month period. With marketing, I just wanted to mention a few things, and you'll find them in your
handout. Commissioner Regalado had mentioned the Greater Convention and Visitors Bureau. I've
spoken many times in front of the Commission regarding marketing. And I just have here a breakdown of
the past history, and the many concessions that the City of Miami Beach has obtained from their
37 9/28/00
•
relationship with the bureau. And I'd please ask you to look at that. I think that it behooves the City of
Miami to, together with, you know, the private sector, look at the Interlocal Agreements, make sure that
the City of Miami is getting a fair share. And obviously, one of the -- The last thing that happened which
was last year is that the City of Miami Beach has now capped, as far as their contribution to the Bureau,
which, in turn, has provided them an additional one and a half million dollars to work with. These are
dollars that for the City of Miami -- If we had a million dollars ($1,000,000) to do a marketing campaign,
we could do an incredible marketing campaign. So again, just take a look at that. And I invite you to
contact -- everyone has my business card -- contact our company, and if you want to establish some kind
of a private initiative to -- public initiative to look at this, we really invite you to. There is a breakdown
here also of conventions booked by the Greater Miami Convention and Visitors Bureau. According to the
booklet that the bureau does hand out showing conventions, during the next seven years, 85 conventions
have been booked at the Miami Beach Convention Center, while at the Miami Convention Center, we've
got five and at the Coconut Grove Convention Center, zero. These are the types of things that we really
need to be looking at and seeing if we are getting our fair share of the business that's coming to the area.
And as far as hotels go for the next seven years, and convention group business, none in Coconut Grove.
So this is something that, you know, we're going to be looking at very closely through the Village
Marketing Bureau, and we'd like to report to the Commission our findings. So, please, we want to work
with you. Thank you for the opportunity, and we feel very strongly this is a great City, and we want to
work with you to make it better. Thank you.
Vice Chairman Gort: Thank you, Silvia. My understanding in looking at some of the pictures that we
looked at, it really is not that big of a task to be done. The sidewalks, most of them are composed of
bricks. What happens is one or two bricks are missing, and then they continue to -- because they set very
tight. So we need to establish a system where you can go by, and I'm sure we can do it. Commissioner
Winton, that's your district.
Mr. Gimenez: If I could address some of those things. In terms of the infrastructure, we're looking at the
impact fees that are generated in Coconut Grove right now to see what we can do to accumulate some
money and maybe come up with some projects that will make an impact, you know, right away. In terms
of the maintenance, the issue of the problem that we have throughout the City is that we really don't have
enough people in the street to do those kinds of things. So what we're going to be doing in the
administration, although we have -- today, we passed a vote and there are certain TO's, table
organizations, et cetera, within the departments. We have about 200 vacancies throughout the City that
we're going to be looking at in the administration, and we allocate those vacancies from (inaudible)
clerical and office types and make it more into the -- in the street, cutting grass, you know, doing this type
of maintenance, because it's an important thing. So -- and we'll be coming back to the Commission once
we make those reallocations to get the approval to do that. And, you know, we are committed to looking
at this book, and going through all the different pictures and taking care of as many of those problems as
we can. And hopefully, the next time when they take the pictures, those problems are -- the book won't be
quite as thick. And that's our commitment.
Commissioner Regalado: If I may.
Vice Chairman Gort: You know, one of the things that I could identify in the impact fee, we collect
impact fee, and my understanding is at one time, it was sitting there, it was not being used. And that
38 9/28/00
impact fee, the reason it was created was particularly for that use throughout the whole City. We should
be looking, and I'm glad you're looking into the impact fee.
Mr. Gimenez: Exactly. So we're trying to see what we can do to get those fees together and put together
some meaningful projects.
Vice Chairman Gort: So we can expect you to come back in 60 days?
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: OK.
Commissioner Regalado: Mr. Chairman, just briefly. Of all the boards that we have, there are some that
are unique. And the Coconut Grove Standing Festival Committee is one of them, because they get money
for every event, and they have money. The problem is that they have not met for more than three or four
months, because there was no quorum. Some members need to appoint their representative because in the
last meeting, I remember, in the last, last meeting, they already had the money, and the County was going
to bring matching funds for the Bayshore median reconstruction. But they have not met for four months,
and the project is like dead. And the Coconut Grove Standing Festival Standing Committee has the
possibility of being the recipient of money. Every, every event has to bring money to that committee, and
they can use it in these things that they need. I mean, you can even use, if we don't have the manpower to
clean the graffiti on the boardwalk, I mean.
Ms. Cejas: If I could. I'm a member of the Standing Festival Committee. Oh, I'm sorry.
Vice Chairman Gort: Excuse me. Excuse me.
Commissioner Sanchez: Why don't you change the quorum requirements.
Vice Chairman Gort: Excuse me. Commissioner Winton has the floor. Commissioner.
Commissioner Winton: Mr. City Clerk, could you tell us which of us have members missing from that
committee? Do I have one? That's why I was --
Walter Foeman (City Clerk): I'm sorry, Commissioner. Which committee?
Commissioner Winton: On the Standing Festival Committee, would you look at that? So if I'm a guilty
person, I promise I'll get that done right away. And those of you from the Grove sitting out there, you all
give me some suggestions in terms of who we could put on that committee that would be really good.
Commissioner Regalado: As of now, we only have two members, Ted Stahl and Silvia Cejas.
Commissioner Winton: So there's a number of us that haven't made appointments.
Commissioner Regalado: Three.
39 9/28/00
Commissioner Winton: So could you -- Mr. Clerk, you'll tell us which ones, so we can each get on this?
Mr. Foeman: I'm checking now.
Commissioner Winton: And in addition to that, just a couple of quick comments. One is -- and
Commissioner Regalado, I thank you a lot for your work on the Greater Miami Visitors and Convention
Bureau or Convention and Visitors Bureau. I never do get that straight. And your efforts to bring money
for marketing is greatly appreciated, and is outstanding. In issues like that -- you know, there's a lot of
issues that we deal with where there's kind of a chicken and egg situation. You know, what comes first,
the chicken or the egg? In this instance, though, there isn't that situation. There is no question that if you
don't have an appropriate product to sell, and you put marketing dollars in first, you pour that money
down the drain, because you might get the customer to the table the first time, but you don't get the
customer back to the table the second time. And it's repeat visitors that make all the difference in the
world. So as it relates to -- and please, keep going, get money. But our challenge as Commissioners is to
get the infrastructure in our entire City fixed. This is an issue that I guess we've probably all talked about.
I've talked about it almost every single Commission meeting. Thefe's no greater -- There's no more
important -- well, I guess that's a stretch. There are few more important tasks of municipal local
government that infrastructure improvement. And if we have our streets, sour sidewalks repaired, and
good lighting, and good landscaping, and good maintenance, the private sector brings all of the money in
the world that we need to the table to rebuild our City. But it's infrastructure, it's infrastructure, it's
infrastructure. So I hope that we continue to encourage our City Manager and his staff to figure out every
vehicle possible to dig up infrastructure dollars for use throughout our entire City, because if we don't, we
will fight that long-term losing battle, and we will lose. There's a lot of competition out there, and I don't
want to be on the losing end of that stick.' So that's the end of that. But I have to also thank the City
Manager. I'll tell you, there have been a lot of issues that have come across my table. And every time
there's a major issue, just like this one, he and his staff are already ahead of the curve. It isn't as though
I'm trying to grab him and drag him through the door to understand. It's one word, and he already
understands, and he's already working on it. And so my hat's off to the Manager. I think he thinks a lot
like we do, in terms of the things we've got to do. And he, and Frank and the others are really working
hard to redesign the administrative and operational side of our City so that we can make our streets work,
because if we don't, we lose. And he understands that. So thanks.
Vice Chairman Gort: Well, thank you. And hopefully, in 60 days, we'll be back here and the book will
be very small. Thank you. Commissioner Teele, I'm sorry.
Commissioner Teele: Mr. Chairman, I want to first thank you, Mr. Chairman, and commend you for
giving this citizen's presentation, which is entitled, really, to two minutes the 30 some, 40 minutes that
you've given them. Again, I think it's really important that we don't get so caught up in our rules and
procedures that we can't address important issues. And I appreciate you, Mr. Chairman, for being so
generous. Commissioner Regalado and Commissioner .Cort have said -- I mean Commissioner Winton
have said things that I'm 100 percent in agreement with. And I want to thank the persons, the panelists
that have come fort, and all of the persons that have presented. But I do want to give you a different
perspective. And I agree with everything that Commissioner Winton just said, and virtually everything
that Commissioner Regalado said previously. I had prepared -- and I may do this today -- had a Sunshine
Law meeting and discussed this with Commissioner Winton a week or so ago. I had prepared a resolution
relating to downtown that I wanted to bring later on this evening on the infrastructure problems associated
40 9/28/00
with downtown. And particularly, in light of this -- what I consider to be a tremendous problem with the
City place that has had to make some substantial changes in their proposal because of the same basic
issue, the infrastructure and the problem of government -- the problem of the private sector. But I want to
come back to what we're talking about here, first as it relates to the Greater Miami Visitors Bureau, you
know, one of the challenges that I have had ever since I've been in public office in Dade County is that
this is the most self-regulating -- I mean, I come out of a military background where, you know, rewards
and commendations are hard to come by, and therefore, they have tremendous value when you get one. I
think it's really important that we compare municipalities to municipalities, we compare convention
bureaus to convention bureaus, we compare airports to airports, transit systems to transit systems.
Because once you compare -- a transit system isn't a good -- it's a one of a kind in that community, but
nationally, there's 2,000 of them. Convention bureaus are one of a kind in this community, but nationally,
there's probably 40 of them, or 60 of them, or whatever the number is. I really would like to understand
what the convention -- See, these convention bookings don't mean anything to me, because I don't have
that frame of reference. But I do understand that San Francisco, and New Orleans and Las Vegas are three
great destinations for conventions. If you gave me this with an understanding as to how many
conventions that have been booked in -- that is group conventions -- that have been booked into Las Vegas
-- and maybe take out Las Vegas, because there's gambling there. But New Orleans and San Francisco on
a comparison basis for the City, I would have a much better understanding if 85 is a great number, or a not
so great number or a horrible number. But right now, it looks like this is a great number. It looks like
Coconut Grove is not getting anything. So I understand what -- the comparison of zero to 85, I can figure
that part out. What I'm trying to understand is, what are we having as a convention bureau to be able
understand how that works? That's the first point. The second point that I want to make is a point that
Commissioner Regalado started out making, and then he immediately shifted away from, and that is this:
Coconut Grove is under more pressure than any other part of the City of Miami as it relates to the
economic pressures of competition. With Sunset Place on line, with this Rause Project coming on line,
you know, there's almost a direct competition. And this is something we need a little bit of analysis from
our Economic Development Office, our Economic Office, and I'm hoping that we will get much more
engaged in, because I really think it's important to understand what the trend line is as it relates to sales.
And those numbers are available. I mean, the Florida Department of Revenue can give you those numbers
as it relates to how much money, and what has been happening in sales tax, collections as it relates to
Coconut Grove and Brickell. But --
Commissioner Winton: And downtown.
Commissioner Teele: And downtown. But it gets me to the final issue for me, Commissioner Gort, and I
think this is really the whole issue for me. The City of Miami has a major infrastructure problem. The
fact that the City, quote, "almost went broke" is the tip of the iceberg. Any time you get into a situation,
from my transit experience, when you've got a system that is not able to keep the transit system running,
and it's running out of money, there's one thing you know -- that maintenance.is being deferred. I mean,
it's just rule one. And the City of Miami has been engaged in this massive maintenance deferral. Now,
we don't have anybody to blame but ourselves. I mean, it's fine to look at NET offices and Frank
Rollason, the Manager. It's fine to talk about where we are going. But if we don't have a plan, a real plan
to deal with infrastructure -- and the time to do that, gentlemen, is during the budget hearing. We can talk
about it all year, but if we don't do something about it annually in the budget process -- To me, marketing
is really not the issue, because it's what Commissioner Winton said. If you don't have something to sell,
you can't sell it. And if you do sell it, it's the repeat business that you want. You're going to get it one
41 9/28/00
•
time and it's not going to come back. So I think one of the things that we've got to do is take this
presentation to heart, and the ones that, obviously, that the DDA and others have been saying about
downtown. I have said, ever since I've sat here that we should create a capital fund for some of these
neighborhoods that go beyond impact fees. And unless and until we create a capital improvement fund for
certain neighborhoods, we're going to continue to just spend hours discussing the rhetoric of this.
Commissioner Regalado made a very important point early on, and that is it's hard for me to talk about
improving sidewalks when another part of the City doesn't even have sidewalks. It's hard to talk about
improving parks when Little Haiti doesn't have one major park. But yet, we have to be a Commission that
prioritizes and understands. I am very sympathetic to the problem, because I understand that downtown;
Brickell and Coconut Grove are the economic engines of this community. And I'm not prepared to throw
the baby out with the bathwater. But I think we've got to formulate a plan, a capital improvement plan
that is not general funds, because if it's general funds, then you get into the issue of the fairness, of
"Where is mine?" or "Me, too," which is -- I always said the dominant political party of Miami is, "Me,
too. Where is mine? You gave it over there. Where is mine over here?" But we've got to do that. And I
think that's the challenge, and you all need to help us. Mr. Chairman, I do want to have a discussion and
ask for a report later on today in the same vein that we're hearing now, but much more of an economic
analysis of downtown, because I do think every other major community understands the importance of not
letting its downtown go down. Everything that has been said about Brickell and Coconut Grove could be
said in spades for downtown, as well. And I would welcome the opportunity to discuss this further in
terms of a plan for a capital improvement. But I can't get excited about the marketing, with all due
respect to those of you that are marketing experts until we get excited about the capital. And that's sort of
where we become partners, I guess, in this.
Vice Chairman Gort: That's the name of the game.
Commissioner Teele: Yeah.
Vice Chairman Gort: Thank you, Commissioner Teele.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Winton: One final comment and instruction to the Manager when you're looking at the
plan for dealing with these issues. And the suggestion was principally the center commercial area of
Coconut Grove. I want to make sure that the commercial district of Coconut Grove includes all of Grand
Avenue. That is part of the commercial corridor of Coconut Grove. So could we make sure that that
piece is included?
Mr. Gimenez: Yes, sir.
Commissioner Winton: Thank you.
Vice Chairman Gort: OK. Thank you all for the presentation. Appreciate it.
42 9/28/00
11
8. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 11395 WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED
"VICTIMS OF CRIME ACT," INCREASING APPROPRIATION, $63,125, CONSISTING OF GRANT
OF $50,500 FROM STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL AND
MATCHING IN-KIND FUNDS OF $12,625 FOR SERVICES PROVIDED' BY CITY.
Vice Chairman Gort: Item 9, proposed emergency ordinance, Victim of Crime.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Alejandro Vilarello (City Attorney): It's an ordinance, Commissioner.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Call the roll.
43 9/28/00
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11395, AS
AMENDED, ADOPTED SEPTEMBER 12, 1996, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED
"VICTIMS OF CRIME ACT," THEREBY INCREASING SAID
APPROPRIATION IN THE AMOUNT OF $63,125, CONSISTING OF
A GRANT IN THE AMOUNT OF $50,500 FROM THE STATE OF
FLORIDA OFFICE OF THE ATTORNEY GENERAL, AND
MATCHING IN-KIND FUNDS IN THE AMOUNT OF $12,625 FOR
SERVICES PROVIDED BY THE CITY OF MIAMI; AUTHORIZING
THE CITY MANAGER TO: (1) ACCEPT SAID GRANT AND
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; (2) EXPEND MONIES
FROM THIS FUND FOR NECESSARY EXPENSES TO CONTINUE
THE OPERATION OF THE PROGRAM; AND (3) EXECUTE
PROFESSIONAL SERVICES AGREEMENTS WITH INDIVIDUALS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR THE
PROVISION OF THE VICTIM ADVOCATE SERVICES, IN ANNUAL
AMOUNT NOT TO EXCEED $50,000, FOR A PERIOD OF ONE (1)
YEAR, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez, and seconded by Commissioner Teele, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Commissioner Johnny L. Winton
44 9/28/00
Whereupon, the commission on motion of Commissioner Sanchez, and seconded by Commissioner Teele,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Commissioner Johnny L. Winton
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11962.
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.
45 9/28/00
•
•
9. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 11638 WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED
"WEED AND SEED ASSET FORFEITURE," TO INCREASE SAID APPROPRIATIONS, $50,000;
CONSISTING OF GRANT FROM U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF
INVESTIGATIONS.
Vice Chairman Gort: Item 10 is another proposed emergency ordinance accepting a grant of fifty
thousand.
Commissioner Sanchez: It's a grant. So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second. Any discussion? Being none, read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11638, ADOPTED
APRIL 14, 1998, AS AMENDED, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL
REVENUE FUND ENTITLED: "WEED AND SEED ASSET
FORFEITURE," TO INCREASE SAID APPROPRIATIONS, IN THE
AMOUNT OF $50,000, CONSISTING OF A GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF
INVESTIGATIONS ("FBI"); AUTHORIZING THE CITY MANAGER
TO EXPEND THE MONIES FROM' THIS FUND FOR THE
OPERATION OF SAID PROGRAM; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
46 9/28/00
was introduced by Commissioner Sanchez, and seconded by Commissioner Teele, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Commissioner Johnny L. Winton
Whereupon, the commission on motion of Commissioner Sanchez, and seconded by Commissioner Teele,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Commissioner Johnny L. Winton
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11963.
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.
47 9/28/00
10. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 11910 WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED:
"CALI ENFORCEMENT GROUP INITIATIVE," BY INCREASING SAID APPROPRIATIONS,
$223,224, CONSISTING OF GRANT FROM MONROE COUNTY SHERIFF'S OFFICE.
Vice Chairman Gort: Item 11, proposed emergency ordinance. The Cali Enforcement Group Initiative
Grant.
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Gort: Two hundred twenty-three thousand. It's been moved. Is there a second? Is there a
second?
Commissioner Teele: Second.
Vice Chairman Gort: Second. Any discussion? Being none, read it
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11910, ADOPTED
APRIL 13, 2000, WHICH ESTABLISHED INITIAL RESOURCES AND
APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED:
"CALI ENFORCEMENT GROUP INITIATIVE" BY INCREASING
SAID APPROPRIATIONS, IN THE AMOUNT OF $223,224,
CONSISTING OF A GRANT FROM THE MONROE COUNTY
SHERIFF'S OFFICE; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE ANY NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY FOR THIS PURPOSE; AUTHORIZING THE CITY
MANAGER TO EXPEND .THE MONIES FROM THIS FUND FOR
THE OPERATION OF SAID PROGRAM; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
48 9/28/00
•
•
was introduced by Commissioner Sanchez, and seconded by Commissioner Teele, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Whereupon, the commission on motion of Commissioner Sanchez, and seconded by Commissioner Teele,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner. Joe Sanchez
Commissioner. Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11964
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.
49 9/28/00
11. FIRST READING ORDINANCE: AMEND SECTION 2-946 OF CITY CODE ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS" TO REQUIRE CITY COMPLY
WITH GUIDELINES AND REQUIREMENTS ISSUED BY GOVERNMENT ACCOUNTING
STANDARDS BOARD ("GASB") AND NOT MUNICIPAL FINANCE OFFICERS' ASSOCIATION
("MFOA"), WHICH GUIDELINES AND REQUIREMENTS ARE NO LONGER APPLICABLE.
Vice Chairman Gort: Item 12 is a request by the committee, the Audit Committee, Audit Advisory
Committee, which they're doing a great job.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: To change the language.
Commissioner Sanchez: First reading.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS" TO
REQUIRE THAT THE CITY COMPLY WITH GUIDELINES AND
REQUIREMENTS ISSUED BY THE GOVERNMENT ACCOUNTING
STANDARDS BOARDS ("GASB") AND NOT THE MUNICIPAL
FINANCE OFFICERS' ASSOCIATION ("MFOA"), WHICH
GUIDELINESAND REQUIREMENTS ARE NO LONGER
APPLICABLE; MORE PARTICULARLY BY AMENDING SECTION
2-946 OF SAID CODE; CONTAINING A REPEALER PROVISION, A
SEVERABIILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
50 9/28/00
•
0
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: INone
51 9/28/00
•
12. FIRST READING ORDINANCE: ACCEPT GRANT FROM U.S. ENVIRONMENTAL
PROTECTION AGENCY FOR BROWNFIELDS RESEARCH AND ENVIRONMENTAL
ASSESSMENT AND ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "MIAMI RIVER
BROWNFIELDS FUNDING" AND APPROPRIATE FUNDS FOR SAID PROJECT, $185,000, AS
REFLECTED IN GRANT AWARD AGREEMENT OFFERED TO CITY'S DEPARTMENT OF REAL
ESTATE AND ECONOMIC DEVELOPMENT BY U.S. ENVIRONMENTAL PROTECTION
AGENCY.
Vice Chairman Gort: Item 13 is accepting a grant for the development of the Brownfields redevelopment.
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion?
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION_ ACCEPTING
A GRANT FROM THE U.S. ENVIRONMENTAL PROTECTION
AGENCY FOR BROWNFIELDS RESEARCH AND
ENVIRONMENTAL ASSESSMENT, AND ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "MIAMI RIVER
BROWNFIELDS FUNDING" AND APPROPRIATING FUNDS FOR
SAID PROJECT IN THE AMOUNT OF $185,000, AS REFLECTED IN
A GRANT AWARD AGREEMENT OFFERED TO THE CITY OF
MIAMI, DEPARTMENT OF REAL. ESTATE AND ECONOMIC
DEVELOPMENT BY THE U.S, ENVIRONMENTAL PROTECTION
AGENCY; RATIFYING THE CITY MANAGER'S. DECISION TO
ACCEPT SAID GRANT AWARD, TO IMPLEMENT ACCEPTANCE
OF SAID GRANT ; TO AUTHORIZE THE CITY ,MANAGER TO
ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
THE TRUST FOR PUBLIC LAND IN CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
52 9/28/00
0 •
was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: On the matter of -- the Director of Development, who's got this now? Is this -- is
green fields under Planning or is it under Development?
Arleen Weintraub (Acting Director, Real Estate & Economic Development): I would say -- first of all,
good morning. I'm Arleen Weintraub, and I'm the Acting Director presently for the Department of Real
Estate and Economic Development. The Brownfields Program and its pilot program does lie within the
Department of Real Estate and Economic Development. There is a very strong collaborative effort
between Planning and our department for the greenways portion of that. This particular grant involves
some greenways planning, and that's where we are working with the Planning Department to get the Trust
for Public Land on board to do that piece of it.
Commissioner Teele: Anything else you want to .-- I asked one question. You gave me five answers, and
I'm grateful. But --
Ms. Weintraub: I apologize.
Commissioner Teele: No, no, no. That's good, I guess. Let me, while we have this issue. The first
greenway, the first Brownfields project we approved about two years ago, I approved it -- voted to
approve it based upon the strong support of the staff and the chairman. And I had deep reservations about
that project. I have even deeper reservations about that project now. Would you, and the NET
(Neighborhood Enhancement Team) Office, and the Planning Office drive by the first one that we
approved, which I believe is on the corner of 20"' Street and Miami Avenue, which is horrible looking as it
relates to the lack of barriers and it's -- it appears to be a construction transfer, construction debris transfer
site. It appears to be that. That wasn't the way it- was presented. But whatever it is -- but could you all
look at that? Because if that is our best example of Brownfields -- I believe that's in your district,
Commissioner Winton. It may be in --
53 9/28/00
Commissioner Winton: It's one or the other of ours. I've seen and I know exactly what you're talking
about.
Commissioner Regalado: It'.s right on my side of the railroad track.
Commissioner Winton: And when I talked to Real Estate and Economic Development, I said, "ugh." But
their point was, you know, when we approved it -- and it was before my time -- when they approved it,
there was absolutely nothing going on in that area, and they thought they were doing something good. But
it's just -- You know, Planning and Real Estate and Economic Development have to work hand in hand in
all of this stuff, period.
Ms. Weintraub: I agree. And we will take a look at that, Commissioner.
Commissioner Teele: Would you bring pictures of that in one of the other meetings and just give us a
report on it. I mean pictures that reflect the condition, and how we can deal with that. Work closely with
the Planning Department and the NET Office, please.
Ms. Weintraub: Yes, I will.
Commissioner Teele: Thank you.
Ms. Weintraub: Thank you.
Vice Chairman Gort: Thank you.
54 9/28/00
13. FIRST READING ORDINANCE: AMEND SECTIONS 2-887 AND 2-892 OF CITY CODE
ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS" TO ESTABLISH
MIAMI COMMISSION ON THE STATUS OF WOMEN ("MCSW"); SET FORTH PURPOSE,
POWERS AND DUTIES; PROVIDE FOR TERMS OF OFFICE, OFFICERS, MEETINGS, ETC.;
PROVIDE FOR "SUNSET" REVIEW OF MCSW EVERY FOUR YEARS; CREATE DIVISION 13,
CONSISTING OF SECTIONS2-1154 THROUGH ; RESCIND RESOLUTION NOS. 73-566, 74-
1373, 78-271, 89-217, 93-419, 94-183, 96-522.
Vice Chairman Gort: Item 14 is the housekeeping item we need to do for the Miami Commission on the
Status of Women. We have Garcia -Toledo, Josefina Sanchez-Pando and Allyson Warren here, and we
need to put this in an ordinance.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? Being none, read it.
Commissioner Regalado: Mr. Chairman, sir. Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: This has been almost a non -existing commission. And I think that in every
major city, and especially in the City of Miami, where, according to the census, there are more women
than men --
Vice Chairman Gort: They live longer.
Commissioner Regalado: Of course. They're more intelligent. Anyway, they do not have any place to
meet in terms of a regular place. I think that we should direct the administration to give them some
logistical support, and also change the number of appointments, because we have so many appointments,
and none of the people showed up, just a. few. And then they cannot meet because of a quorum. And if
we can change the number of appointments. I don't know if that is in the ordinance.
Commissioner Teele: They're reducing.
Commissioner Regalado: They're reducing. OK. And --
Vice Chairman Gort: Commissioner Regalado, for your information, I was aware of this about a year ago.
I donated my office, so they do have an office. And also, the Manager at that time put someone to work
with the -- staff to work with them. But I think you're right. We should help them more, too, because
they've done a tremendous job in the City of Miami in the past.
55 9/28/00
Commissioner Regalado: And I hope that when they start meeting that also would attend the Community
Relations Board, because I think that those two committees are parallel in terms of what they do and what
they can feel for the City and the community. So I just wanted to express my full support. And -- I don't
know. Mr. Clerk, the appointments can be made --
Commissioner Teele: This is first reading, isn't it?
Commissioner Regalado: After.
Walter Foeman (City Clerk): Yes. This is an ordinance. It has to --
Commissioner Regalado: After the second reading.
Mr. Foeman: After second reading.
Vice Chairman Gort: Right. OK. Read it. It's Item 15.
Mr. Foeman: It's 14.
Vice Chairman Gort: I mean 14.
Note for the Record: The City Attorney read the pending. ordinance into the public record by title
only.
Vice Chairman Gort: OK. Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ENTITLED
"ADMINSTRATION/BOARDS, COMMITTEES, COMMISSIONS" TO
ESTABLILSH THE MIAMI COMMISSION ON THE STATUS OF
WOMEN ("MCSW"); SETTING FORTH THE PURPOSE, POWERS,
AND DUTIES; PROVIDE FOR TERMS OF OFFICE, OFFICERS
MEETINGS; QUORUMS, REQUIREMENTS FOR MEMBERSHIP,
ATTENDANCE, AND FILLING OF VACANCIES; PROVIDING FOR
THE "SUNSET" REVIEW OF MCSW EVERY FOUR YEARS; MORE
PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-892,
AND CREATING DIVISION 13, CONSISTING OF SECTIONS 2-1154
THROUGH ; RESCINDING RESOLUTION NOS. 73-566,74-1373,
78-271, 89-217,93-419,,94-183, 96-522; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
56 9/28/00
v
•
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
Vice Chairman Gort: Thank you, ladies.
57 9/28/00
14. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED: "STATE OF FLORIDA EMS (EMERGENCY MEDICAL SERVICES) MATCHING
GRANT PROGRAM (FY '99-00)," APPROPRIATING $32,500, CONSISTING OF GRANT, $24,375
FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND MATCHING FUNDS, $8,125
FROM CITY.
Vice Chairman Gort: Item 15. Establish Special Revenue Fund, State of Florida EMS (Emergency
Medical Services) matching grant.
Commissioner Sanchez: So move.
Commissioner Teele: Second.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any further discussion?
Note for the Record: The City attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"STATE OF FLORIDA EMS (EMERGENCY MEDICAL SERVICES)
MATCHING GRANT PROGRAM (FY '99-00)", AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $32,500 CONSISTING OF A GRANT, IN THE
AMOUNT OF $24,375 FROM THE STATE OF FLORIDA
DEPARTMENT OF HEALTH AND MATCHING FUNDS, IN THE
AMOUNT OF $8,125, FROM CITY OF MIAMI OPERATING
BUDGET, ACCOUNT CODE NO. 001000.280601.6.840;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
58 9/28/00
11
was introduced by Commissioner Sanchez, 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
59 9/28/00
15. FIRST READING ORDINANCE: AMEND SECTION 38-69 OF CITY CODE ENTITLED
"PARKS AND RECREATION/USE REGULATIONS," TO PERMIT SALE OF ALCOHOLIC
BEVERAGES ON REGULAR BASIS AT ALLEN MORRIS BRICKELL PARK, 25 SOUTHEAST 10TH
STREET.
Commissioner Sanchez: Item number 16, first reading.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Commissioner Sanchez: Open for discussion. I have some questions on the item. Would there be an
increase in their monthly fee?
Lori Billberry (Director, Asset Management): Yes. Lori Billberry, Director of Asset Management.
Presently, the license agreement will raise it from eight hundred a month to nine hundred and fifty.
However, Mr. Pericone has agreed to make that one thousand fifty. And we presently have drafted that
and it's in the Law Department for review.
Commissioner Sanchez: So he's agreed to raise it from nine hundred and fifty to one thousand fifty?
Ms. Billberry: A month, yes.
Commissioner Sanchez: OK. Any other changes in the revocable license agreement?
Ms. Billberry: No.
Commissioner Sanchez: Any other questions from the Commission? Hearing none, it's an ordinance.
Mr. City Attorney, read the ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Commissioner Sanchez: Mr. City Clerk, call the roll
60 9/28/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 38, ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PARKS AND
RECREATION/USE REGULATIONS," TO PERMIT THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON A REGULAR
BASIS AT THE ALLEN MORRIS BRICKELL PARK, LOCATED AT
25 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MORE
PARTICULARLY BY AMENDING SECTION 38-69 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first
reading by title only, by the following vote:
AYES: CommissionerTomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
61 9/28/00
•
•
16. TABLED: CONSIDERATION OF RATIFYING ACTION OF MANAGER IN EXECUTING
LEASE AGREEMENT WITH MS. ORIELLI TROIA, TRUSTEE, TO BE USED BY OFFICE OF
HOMELESS PROGRAMS FOR OFFICE SPACE, ETC. (See #3 and 33).
Commissioner Sanchez: Item number 17, also a resolution. That one was deferred. Well, we tabled it
and we'll bring it back as soon as the City Manager and myself meet reference the language.
Commissioner Teele: Hold, hold, hold.
Carlos Gimenez (City Manager): Yes, sir. You should have a draft in front of you.
Commissioner Teele: We have the draft.
Lori Billberry: The one I just --
Mr. Gimenez: You should have it in front of you.
Ms. Billberry: I just distributed it.
Mr. Gimenez: Subject to revised language.
Commissioner Sanchez: You just distributed it?
Ms. Billberry: Yes.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Sanchez: Wait. I don't -- I have to find it. Well, I still want to table it and read it
carefully.
Commissioner Winton: If you need to --
Commissioner Sanchez: Yes, sir.
Commissioner Teele: This was tabled before now.
Commissioner Sanchez: No, this was not tabled before. This I asked to be tabled, because I had some
concern on the language. It is in my district. I ask that the --
Commissioner Winton: Do you want to bring it back this afternoon or --
Commissioner Sanchez: I'll bring it.back this afternoon if it's OK with this Commission.
Commissioner Winton: Yeah.
Mr. Gimenez: (Inaudible Comments).
62 9/28/00
Commissioner Teele: Is this -- What's the address of this?
Ms. Billberry: 779 West Flagler.
Commissioner Teele: And this will come back this afternoon?
Ms. Billberry: Correct.
Commissioner Teele: All right.
Commissioner Winton: So do we need a motion to bring it back this afternoon? Or --
Commissioner Sanchez: No.
Commissioner Teele: We just don't act on it now. We can bring it up at any time.
Commissioner Winton: OK.
Note for the Record: At this point, agenda item 17 was tabled until the afternoon session.
63 9/28/00
17. RATIFY ACTION OF MANAGER IN EXECUTING USE AGREEMENT WITH 21sT
CENTURY CINEMAS, INC. FOR USE OF TOWER THEATER, 1508 S.W. 8TH STREET, ON AN
INTERIM BASIS, WHILE CITY TAKES STEPS TO PROCURE OPERATOR FOR LONG-TERM
BASIS-REGALADO WANTS THEATRE OPEN DURING DAYTIME HOURS.
Commissioner Sanchez: OK, 18 is a resolution ratifying the action of the City Manager.
Commissioner Teele: So move.
Commissioner Sanchez: Moved by Mr. Teele. Is there a second?
Commissioner Regalado: I'll second for discussion.
Commissioner Sanchez: Second by Regalado. Open for discussion.
Commissioner Regalado: I am very uncomfortable with this, because the direction that the City Manager
and the administration received from the Commission regarding the Tower Theater is not being followed.
The Tower is not open during the day. And if --
Commissioner Sanchez: It is open during the day
Commissioner Regalado: No, it's not.
Commissioner Sanchez: Yes, it is.
Commissioner Regalado: No, it's not.
Carlos Gimenez (City Manager): To the best of my knowledge, this agreement called for it to be open
during the day. That's per --
Commissioner Regalado: You mean the agreement does not call for it to be open during the day?
Mr. Gimenez: It does.
Commissioner Winton: It does, he said.
Commissioner Regalado: But it's not open. It's not open. Sometimes, sometimes when they remember,
they put the door up, but the theater itself is closed. The first show is at 8 p.m. On weekends, you have
matinees, which is what the Commission directed, in the morning, for children. And at I p.m., you start
with the movies. But it's not open during the day. And remember that the will of the Commission was
that the theater will be open. And by the way, by the way, I requested and received a memo from the City
Attorney that funds from MSEA (Miami Sports and Exhibition Authority) could be used to create a tourist
center in the Tower Theater. I think that we can do this in a separate way from these people. But frankly,
if you all want to vote on it --
Commissioner Teele: To do what? What's your objection?
64 9/28/00
Commissioner Regalado: My objection is that it's not-- The directions of the Commission are not being
followed. That's it. We gave directions on the way that the Tower should be, and it is not being followed.
So if we want to --
Commissioner Sanchez: If I could recognize Senator Ron Silvers who just walked in. Mr. Silvers,
Senator, good to see you.
Senator Ron Silvers: Good to see you. Thank you.
Commissioner Sanchez: Mr. Teele.
Commissioner Teele: You just recognized who? Senator Silvers?
Commissioner Sanchez: Senator Silvers.
Commissioner Teele: It's an honor to see Senator Silvers here, I'll tell you. Ron, how are you doing?
Senator Silvers: Very fine, thank you.
Commissioner Teele: Good, good. Mr. Chairman, if the instructions of the -- Let me ask the Attorney.
Have you and the Commissioner had an opportunity to discuss the failure to comply with the instructions
of the Commission, Commissioner Regalado and yourself?
Alejandro Vilarello (City Attorney): No, sir.
Commissioner Regalado: Commissioner, for your information, I have not received -- I have not received -
Commissioner Teele: I'm withdrawing. I'm withdrawing my motion. I moved the item. I think we
ought to temporarily pass this item and let staff meet with Commissioner Regalado. Let the Attorney
meet with Commissioner Regalado, because the instructions of the Commission are all we have. I mean,
we don't have staff to do things, and if our instructions -- I'm not familiar with the issue, but I think if a
Commissioner is saying that the instructions of the Commission have not been adhered to, we need to at
least allow the City Attorney and the Commissioner and the Manager to work this out and bring it back to
us. So.
Commissioner Sanchez: Commissioner Winton, you have the floor.
Commissioner Winton: But this is in -- whose district is this in?
Commissioner Sanchez: My district.
Commissioner Winton: OK. So for the purpose of continued discussion, and I want to hear what
Commissioner Sanchez has to say, and since he's acting as Chairman right now, I will re -move the
motion.
65 9/28/00
Commissioner Sanchez: Thank you, Johnny. Let me just elaborate a little bit on this. We had a contract
with a certain individual to run the Tower after we invested millions of dollars to get it going. When they
pulled out, we were faced with an emergency that we didn't have anyone to run it. And we wanted to
open it up as quickly as possible, based on the success that we've had in that area with the events that
we've put together with "Viernes Culturales," which basically focused around the Tower Theater. The
administration jumped on it quickly, on the direction of the Commission, which I wanted to elaborate a
little bit on the Tower. We needed to open it up as quickly as possible. And they went out and they got
21" Century Cinema to come to an agreement to open it up as quickly as possible. I, for one, as
Commissioner of the district, wanted to see that Tower opened up as quickly as possible, because I felt
that it was an embarrassment, an embarrassment to this City that we have spent since 1994 millions of
dollars on a project to only have it closed within three months of opening it up. Every day that that theater
was closed was a slap in the face, not only to this City, but to the Commissioners, the Mayor and the
administration of this City. So the City Manager did what he had to do to bring in a company to open it
up. They are there. I would like to see that theater be very successful. I have visited many times.
Commissioner Regalado, in all the most respect, sir, it is open in the daytime. Maybe, you know, you
passed by and -- but I was told, and I passed many times. It's been open. The concern that a lot of people
had was that to bring this company in, it was not going to have the cultural -- it may have deferred or
gotten out of track with the message that we wanted to send in that area of our community. And we were
able to resolve that by asking Tony Wagner to be a part of that process. So the concerns that you have, if
you feel comfortable in, you know, deferring this item so you can meet with the administration, I welcome
it. It's in my district. I think that the administration did what it had to do to open it up as quickly as
possible. And along the way, I'm sure that we could find ways to improve the quality of the theater. But
right now, to take one step back and maybe go back on this agreement that we came with this company,
and have that theater closed, I'm telling you, I will not allow it. And there is no compromise, because I
will not allow that theater to be open another minute.
Commissioner Regalado: Commissioner, Commissioner, you don't understand what I said. I'm not
questioning that we rushed and looked for this company who It was the only one available to run the
theater. I am not questioning the fact that the administration was wise in having Tony Wagner there,
although I should say he does not have a direct input. He has to consult, and then go to the Manager, and
the Manager has the last word, which is OK with me, because the Manager is committed to that. I like
you; I am concerned about the theater being open. And the reason that I'm being very vocal on it is that I
was the person that in this Commission started working on the theater back in '97. So I think it's a part of
all of us. What I'm saying is that the directions that the Commission gave to the administration is not
being followed. I'm not saying that we should kick these people. As a matter of fact, these people are
very enthusiastic. They're bringing two film festivals. They're bringing matinees for the children on
Sundays. They're charging as we requested, a minimum amount for the entrance to the theater. But that's
not the point. The point is that we directed something that is not being complied with. If you say that it's
open, I will tell you that it's not, because when a theater does not have movies, it's not open. It may have
the door open, but it's like a store with no merchandise. It's like a restaurant with no food. So all I'm
saying is, you all want to go ahead and vote on this, fine by me. But after the people complain, you know,
we are going to say, well, you know, we had to do it because it's the only way. I think the City is paying
insurance. The City is paying the bills, electric bills and the water. The City is not asking for rent.
Commissioner Sanchez: We're subsidizing it two thousand -- How much are we subsidizing it?
66 9/28/00
Lori Billberry (Director, Asset Management): Approximately twenty-five hundred a month, presently.
Commissioner Sanchez: Twenty-five hundred a month. Let's put that on the record.
Commissioner Regalado: That's what I'm saying. That's what I'm saying. So it is not much to ask. And
by the way, by the way, in my TV program, I am -- I have a daily -- I mean a weekly segment with some
people from the Tower, free, to advertise all the movies and all the activities. So I'm very enthusiastic
about the Tower. What I'm saying is that the directions that we gave the administration are not being
followed. If you say that I'm wrong, you tell me, and I'll vote "yes."
Mr. Gimenez: Well, if I may? If I may?
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: Go ahead.
Mr. Gimenez: The directions that you gave to the administration was for a permanent operator. This is a -
Commissioner Regalado: No, I'm -- no, no, Carlos.
Mr. Gimenez: This is not a permanent operator.
Commissioner Regalado: Carlos, Carlos, no, I'm sorry.
Mr. Gimenez: This is not a permanent operator.
Commissioner Regalado: The direction to the administration was open as soon as possible.
Mr. Gimenez: Exactly. And this is not a permanent operator. This is an interim operator. Any direction
that you want to give the administration in terms of that permanent operator and you want whatever -- you
know, it has to be open every day, et cetera, et cetera, it has to be part of the RFP (Request for Proposals).
And then, you know, people that believe that they can make a profit or -- I guess make a profit working
under those conditions will bid on the Tower Theater. This is not -- This is an emergency item that we
had to do in order to get the Tower Theater open as quickly as we could. This is not the end product. The
end product is the final -- the operator that finally gets the bid to operate it for an extended period of time.
Vice Chairman Gort: The --
Commissioner Winton: Mr, Chairman.
Vice Chairman Gort: Yes. Are you finished?
Commissioner Regalado: OK. You know, I agree. I don't disagree with you. But what I'm saying, still,
you still have to show me that it's open. And it's not.
67 9/28/00
Commissioner Winton: Mr. Chairman. Mr. City Manager, I have a question in that regard. So is what
you're saying then is that this interim operator, which it's clear here that this is an interim emergency
stopgap measure, is this operator not willing to keep the Tower Theater open all day every day?
Ms. Bilberry: Presently the gentleman -- he was initially, when he first came in, operating some shows, a
matinee during the week. He was getting no one to show up. So because of personnel costs, which he is
absorbing, he had to cut back during the week to the one show during the.-- in the evening.
Commissioner Winton: OK. So it seems to -- so there's the answer. And you're absolutely correct about
Commissioner Regalado: So I'm right. I'm just saying that I'm right.
Commissioner Winton: Right. And so accepting that, it seems to me that what the Manager said is
absolutely correct. We still had to get somebody in an emergency situation to fill this management
position, or the place would be closed all day, every day. So it seems to me that we ought to call the
question and vote on accepting this interim agreement --
Commissioner Teele: As an interim agreement.
Commissioner Winton: On an interim basis, as it is, and let the management go out and get the -- put the
RFP out.
Vice Chairman Gort: Was there a motion? Was there a motion and a second already?
Commissioner Sanchez: All motions were withdrawn, but I --
Commissioner Winton: No, I made a motion to put it back on the table.
Commissioner Sanchez: Is there a --
Commissioner Winton: You seconded it.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: No, I haven't seconded it, but I'll second it.
Vice Chairman Gort: Oh, it's seconded. OK. Under discussion. Let me tell you, I happened to be going
this weekend to my 40 years high school reunion, and I happened to run into the gentlemen -- one of the
gentlemen that isn't here, and he told me about his plans. And I also suggested to him, because he was
telling me they were having problems getting people to come in, that one of the things that he can do is
put a special movie show for senior citizens. There's a lot of centers within the City of Miami that are
looking for entertainment, and they would like to go. And they can put a show where they can take -- and
he agreed that he was going to do that. So I'm sure he's following up on that. So.
68 9/28/00
Commissioner Regalado: Mr. Chairman, that's a direction that we gave.
Vice Chairman Gort: Right. But that's -- this is temporary. So all in favor, state it --
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Sorry.
Commissioner Teele: I want to say one thing. You know, we are district Commissioners. And I want to
work and yield to the Commissioner whose district this is. But let me just say this: This project has been
sponsored by Commissioner Regalado for the three years that I've been here. I mean, we have spent more
time arguing and debating. And I don't think we ought to be too harsh on ourselves about the amount of
money that we're spending, because historic renovations are, by definition, three, four, five times more
expensive. And we need to maintain some of the tradition and culture in this community. And you go
abroad, Italy and places, and you see things that have been there for a thousand years, you know. You
have to say, thank God that the Miami City Commission wasn't sitting around in Europe for the last four
or five centuries, because there wouldn't be anything. It would all be bulldozed over. So I mean, the fact
of the matter is this is expensive. The Colosseum definitely would have been gone, that piece of stuff. In
fact, they're going to have the Olympics in Greece in four years, they were saying. And I was just
thinking of that this morning as they showed the Greek Colosseum. I said, boy, the lobbyists and the
developers would have gotten to that thing years ago if it had been in Miami. But in any event, I do think
that Commissioner Regalado's instructions are still valid. And I hope in supporting this, we're not
sending the message, at all. And with that, Mr. Chairman, there's one other matter that we need to bring
up as soon as this comes up, because the people need to leave town.
Vice Chairman Gort: All in favor state it by saying "aye."
Commissioner Sanchez: Aye
Commissioner Winton: Aye.
Commissioner Teele: Aye.
Vice Chairman Gort: Aye.
Commissioner Regalado: No. One "no."
69 9/28/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-823
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S EXECUTION OF A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH 21sT CENTURY
CINEMAS, INC. FOR THE TEMPORARY MANAGEMENT OF THE
TOWER THEATER, LOCATED AT 1508 SOUTHWEST 8TH STREET,
MIAMI, FLORIDA, SUBJECT TO THE TERMS AND CONDITIONS
AS MORE PARTICULARLY SET FORTH IN THE USE
AGREEMENT, AND UNTIL SUCH TIME AS A REQUEST FOR
PROPOSALS IS ISSUED AND AN AGREEMENT FOR LONG-TERM
MANAGEMENT OF THE TOWER THEATER IS EXECUTED.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Tomas Regalado
ABSENT: None
Note for the Record: Commissioner Regalado exited the Commission chamber at 11:47 a.m.
70 9/28/00
18. (A) APPOINT JACK RABUN AND ROSE GORDON AS MEMBERS OF BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST.
(B) COMMENTS ON THE UPCOMING LEGISLATIVE SESSION.
Commissioner Sanchez: I have a request. We have the Honorable Senator Silver here, in item 29,
Senator.
Senator Ronald Silver: Thank you very much. Ron Silver, attorney for the City of Miami General
Employees' and Sanitation Employees' Retirement Trust. This is the confirmation of two members to the
-- reconfirmation of two members to the board.
Commissioner Teele: I'd like the opportunity to. I'd like to defer. Ha ha ha. So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Discussion? Being none, all in favor, state it by saying
aye.55
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-824
A. RESOLUTION OF THE MIAMI CITY COMMISSION
CONFIRMING THE APPOINTMENTS OF. CERTAIN INDIVIDUALS
AS MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
Vice Chairman Wifredo Gort
NAYS:
ABSENT:
Vice Chairman Gort: Thank you.
None
Commissioner Tomas Regalado
71 9/28/00
Commissioner Teele: Mr. Chairman, on item 5A, I'm advised by the management that we have
representatives of the state that have been here that have to leave. Could we get the names of the persons
that are here from the state on the record? And could they come take the --
Lori Billberry (Director, Asset Management): Which item is that?
Commissioner Winton: Item 5.
Commissioner Regalado: Oh, I'm sorry. Did you have something, Senator?
Senator Silver: Yeah. Just, Mr. Chairman, as we approach the next legislative session, I have been
talking with the Manager. We'll be getting together on your package, and I look forward to meeting with
each and every one of you, so that we all are on the same wavelength. So I appreciate the opportunity to
do so. Thank you, Mr. Vice Chairman.
Vice Chairman Gort: Thank you. Thank you, sir.
72 9/28/00
19. DIRECT MANAGER TO IDENTIFY FUNDS, $375,000, FROM FY 1999-2000 OPERATING
BUDGET, FOR CHARLES HADLEY PARK COMMUNITY CENTER, ANCILLARY
IMPROVEMENTS AND CONSTRUCTION CONTINGENCY.
Commissioner Teele: Could we get the names of the individuals? This is regarding the Hadley Park and
the State contract with the City, please.
Commissioner Winton: Which item number is this, Commissioner Teele?
Commissioner Teele: This is Blue Item Number 5A.
Commissioner Winton: Oh, blue, OK.
Thomas Berley: Yes. Good morning. My name is Thomas Berley, B -E -R -L -E -Y. And I'm with the
Department of Management Services, State of Florida.
Commissioner Teele: And your colleague?
Ralph Martinez: Good morning. My name is Ralph Martinez. I'm Project Manager, Department of
Management Services.
Commissioner Teele: In Tallahassee?
Mr. Martinez: I work out of the Tampa office.
Commissioner Teele: Mr. Chairman, two things. First of all, you all came in this morning?
Mr. Berley: Yes. Yes, we did.
Commissioner Teele: The City of Miami's revenues are largely based on overnight stays. In the future,
would you all please attempt to come in the night before and stay in a hotel in the City of Miami? That's
very important to us.
Mr. Berley: Absolutely.
Vice Chairman Gort: I mean, every time we go to Tallahassee, we go the day before so we can stay
overnight.
Commissioner Teele: Mr. Chairman, I would move item 5A, and I would ask that Parks Director be
allowed to explain what's going on here just very briefly.
Commissioner Winton: Second.
Albert Ruder (Director, Parks and Recreation): Albert Ruder, Parks Director. This was a unique project
in that it was handled by the State for us. It's the first one. It's a construction manager at risk project.
Instead of the bids coming to you for award, they were done in a different way, and the project was ready
73 9/28/00
to start. There was two point eight million dollars ($2.8 million) set aside for it. At the last minute, one of
the minority contractors pulled out and said he couldn't honor the price. The general contractor is
Wallbridge Aldenger (phonetic), I think is the name. And right now, as a result of that minority contractor
pulling out, the state and Wallbridge went out to get new bids. And the prices are a little bit higher. There
was a resolution that was distributed to you separately, but it met the five-day rule, which was identifying
three hundred and seventy-five thousand dollars ($375,000) so that we could get this project started, which
the community has been waiting for a long time. And it's a very important project for the community.
Commissioner Winton: So does this mean that the project costs went up from the two point nine by three
hundred and seventy-five thousand, so it puts it at three, four --
Mr. Ruder: It was actually two point eight. Two point eight is what we had set aside. Now it's three
seventy-five more.
Commissioner Winton: Got it.
Commissioner Teele: All right.
Mr. Ruder: I don't know if the State wants to say anything.
Commissioner Teele: The only thing that I would say is this: You're being honest, and candid and
factual, I guess, but I don't think this is really a minority problem, per se. We have a problem in this
community right now with constriction projects. And we need to discuss the Performing Arts Center. I
want to discuss that this afternoon. All of these -- all constriction prices are way up. Way, way, way up.
And everybody needs to take that in mind now, because all of these construction estimates that we've
been operating, you need to revise them. I went by a project the other day in Park West. There's not one
person working from South Florida on the project. They're all out of Tampa, by the way. Apparently,
Tampa is a little slower. But we've got a serious good problem. I guess this is a good problem, except for
the fact that there may be pockets of our community where minorities want to work. And this has
certainly been one of the issues that I want to address today as it relates to the demolition contracts and
these other things, because it just seems to me that we have got to be a little bit more proactive in getting
the people who don't have the skills on these jobs. Are they going to stay with the same level of minority
participation on this job that you all had proposed before?
Mr. Berley: OK. The level of minority participation will -- our contract states 21 percent. It will be 21
percent plus-- I can't tell you exactly how much right now, but it looks like it's probably going to be in the
thirties. Let me just say, Commissioner Teel, I agree with 100 percent. It's a subcontractor issue. Getting
subcontractors to honor prices to -- in this market and to do the work that they should be doing has
become a nightmare. We've worked on a number of projects down here. We worked on the Inter -
American Center for Miami -Dade with a very big general contractor, and they had a nightmare getting
subcontractors just to be honest and honor their prices.
Vice Chairman Gort: Thank you, sir. OK. There's a motion and there's a second. Any further
discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
74 9/28/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-825
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO IDENTIFY FUNDS, IN AN AMOUNT NOT
TO EXCEED $375,000 FROM THE FY 1999-2000 OPERATING
BUDGET, FOR THE CHARLES HADLEY PARK COMMUNITY
CENTER AND ANCILLARY IMPROVEMENTS AND
CONSTRUCTION CONTINGENCY, CAPITAL IMPROVEMENTS
PROJECT NO. 331391; FURTHER DIRECTING THE CITY
MANAGER TO TAKE WHATEVER STEPS AS ARE NECESSARY
TO APPROPRIATE SAID FUNDS FOR THIS 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Thank you.
Alejandro Vilarello (City Attorney): Mr. Chairman, just for the record, this is District 5, item A.
75 9/28/00
0
20. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE EXTENSION OF HIGH-
RISE WINDOW CLEANING SERVICES CONTRACT FOR MIAMI RIVERSIDE CENTER (MRC)
ADMINISTRATIVE BUILDING, FROM SKYHANGER II CORPORATION, FROM JULY 24, 2000
THROUGH SEPTEMBER 30, 2000; INCREASING CONTRACT FROM TOTAL AMOUNT OF
$15,000 TO $30,000; ALLOCATING FUNDS FROM MIAMI RIVERSIDE CENTER FY '99-00
GENERAL OPERATING BUDGET.
Vice Chairman Gort: Item 19. Emergency, extension increase in high-rise window cleaning.
Commissioner Winton: So move.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved. Is there a second? Further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-826
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 OROCEDURES, AND
APPROVING THE ACQUISITION OF WINDOW APNELS AND
REPAIR SERVICES FOR THE CITY OF MIAMI RIVERSDIE
CENTER (MRC) FROM SKYHANGER II CORPORATION, FROM
JULY 24, 2000 THROUGH SEPTEMBER 30, 2000;ALLOCATING
FUNDS, IN AN AMOUNT NOT TO EXCEED $15,000, FROM THE
GENERAL OPERATING BUDGET OF THE MIAMI RIVERSIDE
CENTER FOR FISCAL YEAR 1999-2000, ACOOUNT CODE NO.
001000.810201.6.670, FOR SAID PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
76 9/28/00
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
Commissioner Teele: Thank you for getting your item here. This happened in June, and, you know,
we're looking to try to get this stuff --
Commissioner Winton: Cleaned up.
Commissioner Teele: Cleaned up.
77 9/28/00
•
•
21. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE CONTINUED PROVISION
OF TEMPORARY SERVICES, FROM TRI-STATE EMPLOYMENT SERVICES, BUDGET QUALITY
STAFFING AND MANPOWER INTERNATIONAL, INC.; NO ADDITIONAL FUNDING IS
REQUIRED FOR THIS EXTENSION.
Commissioner Sanchez: What item are we on?
Vice Chairman Gort: Item 20.
Commissioner Teele: Thank you.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Teele: Second. Twenty -A or 20-B?
Commissioner Sanchez: Twenty.
Vice Chairman Gort: Twenty, 20. All in --
Commissioner Teele: Twenty was withdrawn. My 20-A was withdrawn.
Alejandro Vilarello (City Attorney): Yeah, 20-A, withdrawn.
Vice Chairman Gort: Yeah, but we're on Item 20.
Commissioner Sanchez: Yeah, 20, not 20-A.
Commissioner Teele: Twenty -B? OK.
Commissioner Sanchez: Twenty, just plain 20.
Vice Chairman Gort: Twenty, 20, plain 20.
Commissioner Teele: What's 20?
Commissioner Sanchez: Two -zero.
Vice Chairman Gort: Twenty is the resolution ratifying the City Manager's temporary service contract
extension, Tri-State Employment Service and Budget Quality Staffing.
Commissioner Sanchez: It's a resolution, four -fifth vote. So move.
Commissioner Winton: So move. Second.
Vice Chairman Gort: It's been moved. Is there a second?
78 9/28/00
Commissioner Winton: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-827
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
79 9/28/00
11
22. TABLED: CONSIDERATION OF RESCINDING RESOLUTION NOS. 98-580 AND 00-418,
ABOLISHING THE HOUSING LOAN COMMITTEE, ETC. (See #66).
Vice Chairman Gort: Twenty -A has been withdrawn. Twenty -B is abolishing the Housing Commercial
Loan --
Commissioner Teele: Could we defer this until Commissioner Regalado is here?
Commissioner Sanchez: Yes.
Vice Chairman Gort: We should defer that for this afternoon, yes.
Commissioner Teele: He had asked that it be deferred before. I don't know if he's got any problems with
it.
Note for the Record: At this point, agenda item 20-B was tabled until the afternoon session.
80 9/28/00
0
0
23. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE ACQUISITION OF
SERVICES FROM BEST GARAGE DOOR, INC., $6,600 FOR DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES WITH FUNDS ALLOCATED FROM COCONUT
GROVE CONVENTION CENTER OPERATING BUDGET.
Vice Chairman Gort: Item 22. Emergency waiver resolution.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-828
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
AUTHORIZING THE ACQUISITION OF REPAIR SERVICES FOR
THE ROLL -UP DOOR AT THE COCONUT GROVE CONVENTION
CENTER FOR THE DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES FROM BEST GARAGE
DOOR, INC., IN AN AMOUNT NOT TO EXCEED $6,600;
ALLOCATING FUNDS THEREFOR FROM THE COCONUT GROVE
CONVENTION CENTER OPERATING BUDGET, ACCOUNT CODE
NO. 415000.350201.340.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
81 9/28/00
LJ
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
82 9/28/00
•
•
24. RATIFY MANAGER'S FINDING OF EMERGENCY, WAIVING REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVE INSTALLATION OF STEEL PICKET FENCE AT
CITY CEMETERY FOR PARKS AND RECREATION DEPARTMENT FROM MURRAY FENCE
COMPANY, $108,669; ALLOCATING FUNDS FROM COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
Vice Chairman Gort: Item 23, approve emergency action.
Commissioner Winton: So move.
Commissioner Sanchez: second.
Vice Chairman Gort: It's been moved and seconded. 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. 00-829
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
83 9/28/00
•
25. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AWARD
PROCUREMENT OF EMERGENCY REPAIRS TO POOLS AT HADLEY PARK, JOSE MARTI AND
ATHALIE RANGE PARKS FOR DEPARTMENT OF PARKS AND RECREATION, FROM
INNOVATIVE POOL PLASTERING, INC., $74,175; ALLOCATING FUNDS FROM SAFE
NEIGHBORHOOD PARKS BOND PROGRAM BUDGET, CAPITAL IMPROVEMENT PROJECTS.
Vice Chairman Gort: Item 24.
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Gort: Repair of Hadley -- the pools.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-830
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
AWARDING THE PROCUREMENT OF EMERGENCY REPAIRS TO
THE POOLS AT HADLEY, JOSE MARTI AND ATHALIE RANGE
PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION,
FROM INNOVATIVE POOL PLASTERING, INC., IN AN AMOUNT
NOT TO EXCEED $74,175; ALLOCATING FUNDS THEREFOR
FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM
BUDGET, ACCOUNT CODE NO. 589305-860, CAPITAL
IMPROVEMENT PROJECT ("CIP") NO. 331391, IN THE AMOUNT
OF $24,875; CIP NO. 331385, IN THE AMOUNT OF $43,000; AND CIP
NO. 331070, IN THE AMOUNT OF $6,300.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
84 9/28/00
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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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Sanchez: Has that job -- has that been completed already?
Albert Ruder (Director, Parks and Recreation): Yes. That's the reason we had to do it on an emergency,
so we could get it done before the summer pool season.
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26. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE
ACQUISITION OF SERVICES FOR IMPROVEMENTS TO POOL SHELL AT ELIZABETH
VIRRICK PARK FOR PARKS AND RECREATION DEPARTMENT, FROM MALIBU POOL
SERVICES, INC., $8,500; ALLOCATING FUNDS FROM DEPARTMENT OF PARKS AND
RECREATION GENERAL OPERATING BUDGET.
Commissioner Winton: So move, 25.
Commissioner Teele: And I would hope that, Commissioner Winton, you look at the number of six
thousand -- eight thousand. Number 25 is eight thousand.
Commissioner Winton: I'm looking.
Commissioner Teele: And I think it argues for giving the Manager the authority to --
Commissioner Winton: Absolutely.
Commissioner Teele: For ten thousand, or some number greater than forty-five hundred, or whatever our
Charter says now.
Commissioner Winton: Bigger than this, right.
Commissioner Sanchez: Referendum. That's one of the Charter changes.
Vice Chairman Gort: Resolution to increase the professional service agreement for the Tower --
Commissioner Winton: How about 25?
Commissioner Teele: So move.
Commissioner Winton: Did we do 25?
Commissioner Sanchez: No. Twenty-five.
Commissioner Winton: We did 24. We skipped 25. So move.
Walter Foeman (City Clerk): No. It's 25.
Commissioner Teele: I. have an item here that's amended that says twenty-five million -- twenty-five
thousand.
Commissioner Sanchez: We're on item 25, and there was a first and a second. We haven't voted on it.
Vice Chairman Gort: Oh, this is another -- 25 is the pool.
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Commissioner Winton: What did you say?
Mr. Foeman: That's correct.
Vice Chairman. . Gort: We voted on 25.
Commissioner Sanchez: No, we have not. We made a first and a second. We haven't voted.
Commissioner Winton: No, we did 24.
Vice Chairman Gort: OK. It's been moved and seconded.
Commissioner Teele: We did not vote on Virrick Theater -- Virrick Pool.
Commissioner Winton: Right, right.
Vice Chairman Gort: 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. 00-831
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 OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND
AUTHORIZING THE ACQUISITION OF SERVICES FOR
IMPROVEMENTS TO THE POOL SHELL AT ELIZABETH VIRRICK
PARK FOR THE PARKS AND RECREATION DEPARTMENT, FROM
MALIBU POOL SERVICES, INC., IN AN AMOUNT NOT TO
EXCEED $8,500; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF PARKS AND RECREATION GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 001000.580302.6.340.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
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CJ
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
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27. AUTHORIZE AN INCREASE IN AGREEMENT WITH BERMELLO, AJAMIL AND
PARTNERS, INC. FOR DEPARTMENT OF PUBLIC WORKS FOR PROVISION OF PLANNING,
DESIGN AND CONSTRUCTION ADMINISTRATIVE SERVICES AND REIMBURSE FOR "TOWER
THEATER REHABILITATION PROJECT, SECOND BIDDING," $25,000, FROM $210,000 TO
$235,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS.
Commissioner Teele: Twenty-six is Tower Theater.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Teele: Second. And that's, as I understand it, it's not to exceed twenty-five thousand
dollars ($25,000).
John Jackson (Director, Public Works): That's correct. Yes, sir.
Vice Chairman Gort: Right. 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. 00-832
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE AGREEMENT WITH
BERMELLO, AJAMIL AND PARTNERS, INC. FOR THE
DEPARTMENT OF PUBLIC WORKS FOR THE PROVISION OF
PLANNING, DESIGN AND CONSTRUCTION ADMINISTRATIVE
SERVICES, AND REIMBURSE FOR THE "TOWER THEATER
REHABILITATION PROJECT, SECOND BIDDING," IN AN
AMOUNT NOT TO EXCEED $25,000, FROM $210,000 TO $235,000;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 322061, AS APPROPRIATED BY
ORDINANCE NOS. 11705, AS AMENDED AND 11839, AS
AMENDED.
(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 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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28. RESCIND INVITATION FOR BIDS NO. 99-00-074 (GROUP A) AWARDED UNDER
RESOLUTION NO. 00-440 TO EMILY LAWN SERVICE, FOR PROCUREMENT OF GROUNDS
MAINTENANCE SERVICES AT VARIOUS CITY PARKS AND FIRE STATIONS; AWARDING BID
TO J.R. ALVAREZ LAND CLEARING, NEXT LOWEST RESPONSIVE AND RESPONSIBLE
BIDDER TO PROVIDE SAID SERVICE AT BID PRICE OF $17,100; ALLOCATING FUNDS FROM
FIRE -RESCUE DEPARTMENT, FIRE TRAINING CENTER.
Vice Chairman Gort: Item 27.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Further discussion. Being none --
Commissioner Teele: Hold on just one minute.
Vice Chairman Gort: OK.
Commissioner Teele: Now, is this company in the City of Miami? And I'm not big on this. City of Miami
stuff for cars, and pencils, and, you know, commodities, but for services. Now, this is a_lawn mowing
contract. Is this in the City of Miami?
Carlos Gimenez (City Manager): I can have somebody get the information for you.
Vice Chairman Gort: Yes, it is.
Commissioner Sanchez: It is?
Commissioner Teele: My reading of it was that --
Vice Chairman Gort: 807 Southwest 25th Avenue.
Commissioner Teele: All right. My notes are wrong.
Vice Chairman Gort: Miami.
Commissioner Teele: No problem.
Vice Chairman Gort: OK. 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. 00-833
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
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29. AMEND RESOLUTION 00-711 ADOPTED BY COMMISSION TO ADD CORRECT NAMES
FOR BICENTENNIAL PARK/FEC SLIP WATERFRONT RENEWAL COMMITTEE AND FLORIDA
EAST COAST RAILWAY (FEC) CORRIDOR REVITALIZATION PROJECT AND ALLOCATING
FUNDS TO FEC CORRIDOR PROJECT, $200,000.
Vice Chairman Gort: Twenty-eight. Amendment.
Commissioner Winton: So move.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? 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. 00-834
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NOS. 00-314, AS AMENDED, 00-550, 00-705 AND 00-
711 TO CORRECTLY REFERENCE THE PROCESS AND PROJECT
NAMES DESIGNATED THEREIN AS THE BICENTENNIAL
PARK/FEC SLIP WATERFRONT RENEWAL PROCESS AND THE
FLORIDA EAST COAST RAILWAY (FEC) CORRIDOR
REVITALIZATION PROJECT; FURTHER AMENDING
RESOLUTION NO. 00-711 TO REFLECT THE AUTHORIZED
ALLOCATION OF FUNDS FROM THE OPERATIONAL RESERVES
(1) IN AN AMOUNT NOT TO EXCEED $200,000, FOR THE FEC
CORRIDOR REVITALIZATION PROJECT, AND (2) IN THE
AMOUNT OF $200,000, FOR THE BICENTENNIAL PARK/FEC SLIP
WATERFRONT RENEWAL PROCESS.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
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30. APPOINT TIMOTHY PRUNKA, RODRIGO TRUJILLO, ALVIN WEST AND JIMMY
MORALES AS MEMBERS OF BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY.
Vice Chairman Gort: Twenty-nine. We passed it already. Thirty. Downtown Development Authority.
We're requesting --
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. 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. 00-835
A RESOLUTION OF THE MIAMI CITY COMMISSION
CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS
AS MEMBERS OF THE BOARD OF DIRECTORS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of 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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31. TABLE CONSIDERATION OF APPOINTMENTS TO COCONUT GROVE PARKING
ADVISORY COMMITTEE.
Vice Chairman Gort: Thirty-one. Coconut Grove Parking Advisory Committee. The Commission at
large has one appointment.
Walter Foeman (City Clerk): That's correct.
Commissioner Winton: I don't have one to make.
Commissioner Sanchez: Mr. Chairman, when (inaudible) start at 2 o'clock, right?
Vice Chairman Gort: Right.
Commissioner Sanchez: OK. I'm out of here.
Vice Chairman Gort: Well, there's very little left. We have two minutes. Any --
Commissioner Sanchez: I don't have any appointments.
Commissioner Teele: Let's temporarily -- let's come back to that later on today. I really think,
Commissioner Winton, you ought to help us by coming in with somebody. Isn't this Coconut Grove?
Commissioner Winton: Yeah.
Vice Chairman Gort: Right. This is the Parking Advisory Board.
Note for the Record: At this point, agenda item 31 was temporarily tabled.
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32. (A) REAPPOINT TED STAHL AS MEMBER OF COCONUT GROVE FESTIVAL
COMMITTEE; GRANT WAIVER OF RESIDENCY REQUIREMENT CONTAINED IN CITY CODE
WITH REGARD TO TED STAHL.
(B) ORDER OF THE DAY.
Vice Chairman Gort: OK. We'll come back at 3:00.
Commissioner Winton: No, wait. You're going to -- Mr. Clerk.
Walter Foeman (City Clerk): Right. Mr. Vice Chair, Commissioner Winton had inquired about the
Coconut Grove Standing Festival Committee. There's one pending appointment, because Ted Stahl is in
need of a residency waiver, and we're bringing that back on the 26t" of October.
Vice Chairman Gort: That was my appointment.
Commissioner Winton: But otherwise, all of the Commissioners have made their appointment, including
me.
Mr. Foeman: That is correct.
Vice Chairman Gort: So you need one from me, then. When did he resign?
Mr. Foeman: He didn't resign. He just needs a waiver, a residential waiver.
Vice Chairman Gort: Oh, OK. So then there's a full board.
Commissioner Winton: Right.
Vice Chairman Gort: Can we do the waiver right now? Can we do the waiver now?
Commissioner Winton: Why can't we do the waiver now?
Mr. Foeman: You can do it now.
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: 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. 00-836
A MOTION REAPPOINTING TED STAHL AS A MEMBER OF THE
COCONUT GROVE STANDING FESTIVAL COMMITTEE;
FURTHER GRANTING A WAIVER OF THE RESIDENCY
REQUIREMENT CONTAINED IN CITY CODE SECTION 54-342(c)
WITH REGARD TO TED STAHL.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Teele: Doesn't it require a four-fifths vote?
Mr. Foeman: Yes, it does.
Vice Chairman Gort: OK. Sanchez, where are you?
Commissioner Winton: Commissioner Sanchez, it's not time for your burger yet.
Commissioner Teele: Mr. Chairman, it's your intention to come back at 3 o'clock today?
Vice Chairman Gort: Yes, sir. We have very little items, and most of the items have to be heard at 5
o'clock certain.
Commissioner Winton: Did you find him?
Commissioner Teele: PZ (Planning and Zoning).
Vice Chairman Gort: And PZ, the one item is 6 o'clock.
Commissioner Teele: What time is the PZ certain? Two o'clock? After 2:00?
Vice Chairman Gort: After 2:00.
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Commissioner Teele: So we can do all of the PZ.
Vice Chairman Gort: But we don't have that many items. So we can start at 3:00, and the budget is at
5:00.
Commissioner Winton: Did you find Joe?
(INAUDIBLE COMMENT)
Commissioner Winton: OK.
Vice Chairman Gort: Thank you.
Commissioner Teele: Thank you, Mr. Chairman.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12 NOON AND
RECONVENED AT 3:05 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER TEELE, FOUND TO BE PRESENT.
Vice Chairman Gort: Welcome to the afternoon session. The first thing we left this morning was the
confirmation of Ted Stahl. We need a four-fifths vote to keep him on the Advisory Board.
Commissioner Sanchez: Who was that, Mr. Chairman?
Vice Chairman Gort: Ted Stahl.
Walter Foeman (City Clerk): That was the Coconut Grove --
Commissioner Regalado: Move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion?
Commissioner Sanchez: No. I would like to bring --
Vice Chairman Gort: Well, let's vote on it.
Commissioner Sanchez: OK.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
98 9/28/00
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The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-837
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE
STANDING FESTIVAL COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
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33. DEFER CONSIDERATION OF RATIFYING ACTION OF MANAGER IN EXECUTING
LEASE AGREEMENT WITH MS. ORIELLI TROIA, TRUSTEE, FOR LEASING OF PROPERTY
LOCATED AT 779 WEST FLAGLER STREET TO BE USED BY OFFICE OF HOMELESS
PROGRAMS FOR OFFICE SPACE, STORAGE WAREHOUSE, ETC. UNTIL NEXT COMMISSION
MEETING; DIRECT MANAGER TO PREPARE DETAILED MEMORANDUM CONCERNING
IMPLICATIONS RELATED TO SAID ISSUE (See #3 and #16).
Vice Chairman Gort: Yes
Commissioner Sanchez: Which item did we table this morning, which
we needed --
Vice Chairman Gort: Item 17.
Commissioner Sanchez: I am prepared now. I am satisfied with the language. I believe you had some
questions on it, also.
Vice Chairman Gort: They were satisfied.
Commissioner Sanchez: You're satisfied with the language?
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Therefore, I move the item.
Vice Chairman Gort: There's a motion to move. Is there a second?
Commissioner Regalado: Second.
Note for the Record: Commissioner Teele entered the Commission chamber at 3:06 p.m.
Vice Chairman Gort: Any discussion? This is Item 17, the use of the -- the microfilm.
Commissioner Winton: Item 17?
Commissioner Sanchez: Yeah, it's a lease.
Commissioner Winton: One question. Who's paying real estate taxes on this deal? Lessor or lessee?
Carlos Gimenez (City Manager): She's coming through.
Lori Billberry (Director, Asset Management): That's included within the rent that we're paying.
Commissioner Winton: Great. Perfect. Thank you.
Vice Chairman Gort: OK.
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Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: What is the item we're taking up now?
Commissioner Sanchez: Seventeen.
Vice Chairman Gort: Seventeen.
Commissioner Teele: Oh.
Vice Chairman Gort: It was tabled earlier this morning.
Commissioner Teele: Thank you, Mr. Chairman.
Vice Chairman Gort: Any further discussion?
Commissioner Teele: Yes, sir, Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: This is an item that relates to the administrative processing of the homeless,
pursuant to the court order; is that correct?
Vice Chairman Gort: Yes. It's the committee that we have that deals with the homeless.
Commissioner Teele: Say again?
Vice Chairman Gort: This is our own program of the homeless that we work with. There used to be --
Commissioner Sanchez: The Assistance Homeless Program.
Vice Chairman Gort: It's Livia Garcia's program.
Ms. Billberry: Item 17 is a lease agreement for office space for the homeless programs.
Commissioner Teele: OK. And what's the court case that we have that we're doing this pursuant to?
Alejandro Vilarello (City Attorney): Well, not directly pursuant to, but the court case that you're referring
to is the Pottinger litigation.
Commissioner Teele: And this activity was previously being conducted. All right. Has -- What I'm
concerned about, in a word, is this: Homelessness is a problem all over the City of Miami. Does anyone -
- is anyone going to be living, or sleeping. or being fed from this facility?
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Mr. Vilarello: No, sir.
Mr. Gimenez: No, sir.
Ms. Billberry: No.
Commissioner Teele: Will people be administratively processed in this facility, as in the last, in the other
facility?
Mr. Gimenez: No, sir.
Commissioner Teele: Where are they going to be administratively processed?
Mr. Gimenez: They're going to be administratively processed in the Homeless Assistance Center. One of
the problems that we've had with the old system was that we would pick up homeless individuals at night.
We would take them to the Homeless Assistance Center. Then we would take them from the Homeless
Assistance Center to our own center. And in the process, we would lose a number of the homeless, you
know, back to the streets. The better way is if we -- once we put them in the Homeless Assistance Center,
then go ahead and process them in the center.
Commissioner Teele: So 100 percent of the people that are handled here are processed for the Homeless
Assistance -- Who's the staff person on this? I want to be clear on this.
Mr. Gimenez: I'm not saying that 100 percent, but that's the process that we were working towards, sir.
Commissioner Teele: No, no, no. That's not my question. My question is: The people that are being
processed by the City, where do they go? And what is the distribution or the disposition of these people?
Mr. Gimenez: I don't have the answer in terms of where they eventually end up. You're talking about the
actual assistance that's given to them?
Commissioner Teele: I'm talking about -- I mean, what is this all about?
Mr. Gimenez: Well, they -- you identify the homeless, and you process them. And then they are
distributed amongst the different agencies that handle and provide services for the homeless.
Commissioner Teele: OK. So that's the question.
Mr. Gimenez: We can get the answer as far as the distribution of the people that we process.
Commissioner Teele: Well, the concern that I have -- and if Commissioner Winton doesn't have the
concern, I mean --
Commissioner Winton: You're on the right track.
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Commissioner Teele: I mean, I think we need to be very honest with each other. We need to be candid.
And this government, I think, the professionals have got to be professional and .not political in. this thing.
Homelessness is a political problem, I know. Nobody doesn't -- no one wants homeless. I happen to have
more homeless than anyone, or probably as much as everyone combined in the number of different
facilities. But let's be very clear. If the facility is to process people, and if that's what they were doing
before -- And I have gone to that location -- which is right across the street from the Camillus House -- at
least three or four times. It is a processing center. It seems to me to be absolutely the first giant step now
that I'm seeing in government, if we're talking about a processing facility. But we're not going to let the
homeless come there. And I just need to put on the record or understand on the record whether or not
you're basically saying to us that we're going to spend money for a processing center, but people can't
come to that processing center.
Mr. Gimenez: This is the center that houses the administrative functions of that program. It also would be
able to, I guess, get the belongings, the belongings there. We had a problem -- and I'll restate it again -- in
the processing of taking people from the places of the -- that they were being served back to our
processing center. We would lose some of these homeless. So where they're being processed now is the
Camillus House, which is a provider, and the HAC (Homeless Assistance Center), which is also a
provider. So we eliminate that process of losing some of the homeless people back to the street, because
of our transportation back to (inaudible).
Commissioner Teele: Mr. Manager, have you -- Who is the Director of this program?
Mr. Gimenez: Livia Garcia.
Commissioner Teele: Is that a male or female?
Mr. Gimenez: It's a female.
Commissioner Teele: Is she available?
Frank Rollason (Assistant City Manager): She's not here at the moment. She was here this morning.
And we've paged her. I'm not exactly sure what the story is. She was -- The item was tabled for this
afternoon, and we've got a page in for her now.
Commissioner Teele: Well, I mean, I think we, as a Commission -- because whatever precedent we start -
- and I know that there are going to be some efforts to increase the size of the HAC, of the Homeless
Assistance Center and all of that. And whatever precedent we start -- because if one Commissioner is
going to be able to say "not in my district," and the Manager is going to say, "OK," then, Mr. Attorney,
you need to prepare an ordinance that requires unanimous consent, because we're not going to have two
tiers of Commissioners up here. We're not going to have the ones that are connected and those that take --
those that are required to take the homeless. So I want to be very, very, very clear about this.
Homelessness is a problem throughout this community. The Camillus House, the Homeless Assistance
Center are just two of any number of resources that we're providing. And this Commission is being led to
believe that the two basic places that these people are going when they're processed is the Homeless
Assistance Center and the Camillus House. But it's my understanding that there is a much broader, a
much, much broader array of services. And so we're getting some of the story. I don't mean we're being
103 9/28/00
misled, but clearly, I'm not sure that we have the whole story here when it comes to what we're
processing people for. And I think we need to be intellectually honest about this, if nothing else, because
this is an issue that is not going to go away. And we all have heard the stories, how people have said,
"You can't process people in my district," and all of that. And if it's true, shame on the Commission,
shame on the Management, shame on the City of Miami, because we cannot start saying there is one
district that no homeless person can go, which means there's four other districts they're going to wind up
going to. This has got to be a one -- in the words of the Three Musketeers, "All for one and one for one."
And we've got to have that shared experience and shared pain here. So I'd like to wait until we can get
the persons that can answer these questions before we take a final action on it. Because, I've got to tell
you, if we're going to rent a facility for processing, and the people who are being processed can't come to
the facility, I just need to understand that.
Commissioner Winton: Do we run any risk here if we defer this to the next Commission meeting?
Vice Chairman Gort: None at all.
Mr. Rollason: Well, I think as far as the lease goes --
Commissioner Winton: As it relates to your lease?
Mr. Rollason: Here, you have to speak to the lease.
Ms. Billberry: This is a ratification. So I don't -- I'd defer to the Legal, but I don't believe so.
Commissioner Winton: So.
Commissioner Teele: Well, if it's a ratification, there is absolutely no damage that's done --
Commissioner Winton: Right, absolutely.
Commissioner Teele: -- in deferring the matter.
Commissioner Winton: Right. So it seems to me, Commissioner Teele, maybe we want to do that and
have somebody -- because I've had no fewer than three, maybe four meetings, just in the past two weeks,
big meetings over the homeless issue, which seems to be re -exploding within the greater downtown, your
area, my area. And it's caused by a lot of things outside our control. So we need to make sure that every
little step we take, that we take a positive step that gives us more control. And so maybe we postpone this
till the next meeting, and spend a little time with staff, understanding how the process is going to work.
Vice Chairman Gort: I understand there is a representative from the County here, so they can send a
message, because the County could be very helpful. One of the biggest problems that we have, anyone
that gets arrested anywhere within Dade County, they get dropped off at 12th Avenue and 11th Street. And
from there, they walk through all our neighborhoods, and they're not taken back to the cities where they
were picked up. So that's something to --
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Commissioner Winton: And that means if they're arrested in Florida City, or Miami Beach or anywhere
else, or West Kendall. If they don't have transportation, the County doesn't care. They let them out, put
them out, and then they're our problem. And that's a serious problem for the City of Miami. So whoever
the County representative is, we're going to have a lot of dialogue about this, because it's creating a
significant problem for the City of Miami. And frankly, I think the County ought to be paying attention to
it, since the County shares an ad valorem tax base, pretty significantly with the City. If you're driving
business out of the City, that's going to hurt your tax base that helps you provide all the municipal
services that you provide to your residents in the unincorporated area.
Commissioner Teele: Mr. Chairman, it's my understanding that the Director is here. I think rather than
having a public discussion, we need to all -- And I'll say this, and I hope this won't be interpreted as
being disingenuous. But if there is a Citywide issue, it's homeless. And one person .that should be
consulted, I think, and should be briefed on this, as well, is our Mayor. And I know that this is a difficult
issue. I know it's a very, very political issue. But I can tell you right now, I don't think you're going to
have any of the five Commissioners volunteering to process, or to house or to feed homeless. I mean, it's
just one of those areas that everybody that we represent doesn't want it in their neighborhood. And I
really do think that we need to be careful that we don't make a political football out of something that's
not a political football. But at the same time, I'm really looking to the Management to give us non-
political recommendations, and what's in the best interest of the City, and what's in the best interest of the
institutions of the City. And I would really be grateful if the Mayor would look into this matter, as well.
And I realize that the Mayor's not going to want to be any more involved in it than anybody else. But the
fact of the matter is this is an issue that we cannot afford to mishandle at this time. And I think
Commissioner Sanchez has a valid issue. And that is, Mr. Attorney, homeless persons or any type of
social service that is going to be provided should have a public notice provision. No one should --
whether it's the City entering into the contract, the State or anyone, no one should wake up one morning
and see a line of people or whatever is going to be there, or if they're coming in limousines, one by one
for social services. There should be some way that we can insure that those kinds of uses, especially by
the government are noticed. So I'd like to move that the item be deferred to the next meeting, and we ask
that the Manager prepare us a detailed memorandum on the implications.
Mayor Carollo: Commissioner, does this mean that you're inviting me to be a Muskateer?
Commissioner Teele: Not necessarily.
Mayor Carollo: There's a motion by Commissioner Teele. Is there a second?
Commissioner Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: All for one and one for all. Done like true Muskateers. It passes unanimously.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
105 9/28/00
MOTION NO. 00-838
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 17
(RATIFY ACTION OF THE CITY MANAGER IN EXECUTING A
LEASE AGREEMENT WITH MS. ORIELLI TROIA, TRUSTEE, FOR
THE LEASING OF PROPERTY LOCATED AT 779 WEST FLAGLER
STREET, MIAMI, FLORIDA, TO BE USED BY THE OFFICE OF
HOMELESS PROGRAMS FOR OFFICE SPACE, STORAGE
WAREHOUSE AND/OR OTHER SUCH RELATED FUNCTIONS)
UNTIL THE NEXT COMMISSION MEETING; FURTHER
DIRECTING THE CITY MANAGER TO PREPARE A DETAILED
MEMORANDUM CONCERNING IMPLICATIONS RELATED TO
SAID ISSUE.
Upon being seconded by Commissioner. Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Mayor Carollo: I think that was a wise decision to defer this. I think that with a little bit of time, we
could find a resolution to it that I think everyone could live with. But it --
Commissioner Winton: Could I weigh in one more comment on this issue? And I'll direct it to
Commissioner Teele and the Mayor. And I think that, Commissioner Teele, your idea that -- because this
really is a Citywide issue. So I think that given the scope of the problem -- and I'm serious, it has gotten
worse, not better of late -- and much of the -- a great deal of the cause for the worsening of the problem is
related to events outside our direct control. And it seems to me that one of the things that we may want to
do soon is call together a meeting of all of the key players associated with homeless in this community,
and get a new dialogue started with the appropriate folks, which will include people from the County,
from the Justice System, from the Homeless Assistance Center, Camillus House, Miami Rescue Mission
and any other people that we need to bring into the fold here to re -discuss the entire process for dealing
with homeless. And I think it is going to require a re-evaluation of this comprehensive plan that we have
in place in the County, because there simply are parts of this process that are failing. And all of the failure
is coming, and the burden of that failure is being placed on the City of Miami, period. So, Mr. Mayor,
maybe you could help us lead this charge to pull together the appropriate piece -- appropriate number of
people to begin that dialogue.
106 9/28/00
•
Mayor Carollo: Commissioner Winton, I will gladly do my best to do that. And if I could designate you
as the member of the Commission to help me with that, I'd be grateful.
Commissioner Winton: No problem.
Mayor Carollo: Thank you.
107 9/28/00
0 •
34. CERTIFICATES OF APPRECIATION TO THOSE WHO ASSISTED IN MOVING FAMILIES
FROM CONDEMNED BUILDING IN WYNWOOD: GWENDOLYN C. WARREN, JONI HARRIS,
JEFFERY HEPBURN, DAN FERNANDES, BARBARA GOMEZ-RODRIGUEZ, LORENZO
RODRIGUEZ, RAFAEL RODRIGUEZ, CARMEN SANCHEZ, RICHARD BOWMAN, DIAKA
TARTT, JAVIER MEZA, JOSE GANCEDO, JAIME HENDRICKSON-MORALES, MARIO PEREZ,
ERICK MEDINA, NYRON MANBORDE, RUFUS ORINDORE, JUDITH MENTOR, ROSEMARY
CRUZ, JACQUELINE WILKERSON, OLGA SANCHEZ, JANICE GIDDARIE, MARCHEL WOODS,
ANALYSA SAWYERS, ALLEN GAINER AND JOHN PEOPLES.
Mayor Carollo: If I could take an item out and use a little bit of executive privilege. We have some
certificates of appreciation to give out. And I think this is, after all, an appropriate time to hand these out.
Last week, we had a very unfortunate situation in our City where in one neighborhood that borders
Overtown/Wynwood, we had some 30 families that were left homeless. And if hadn't been for the full
dedication of City of Miami employees, led by Gwendolyn Warren and her staff, along with others, many
of these families might still be out, not knowing where to sleep or what to do. And this is one that
Commissioner Teele is very familiar with. He took a major interest on it, and worked very closely in
trying to help that situation be resolved, also. So if I could ask Gwendolyn to come up here first, and then
she's going to have to help me with all the rest of these. I don't know if there's been a time that we've
given so many certificates out, but let me tell you something. The work they did out there, you all would
have been proud, because I don't think any governmental body would have been able to have resolved a
very sad and unpleasant situation as quickly and as honorably as they did. Gwendolyn.
Commissioner Teele: Mr. Attorney, we can instruct the Manager to give them the rest of the day off,
can't we?
Alejandro Vilarello (City Attorney): No, sir.
Commissioner Teele: But if he did, it would be on his own.
Mayor Carollo: They were out there until 9, 10 o'clock. And then they came back the next day with vans,
with vehicles, making sure all those kids were going to be taken to school, so they wouldn't miss any
classes. Art, why don't you give me a hand. Gwendolyn, thank you so much.
Gwendolyn Warren (Director, Community Development): Thank you.
(INAUDIBLE COMMENTS)
Mayor Carollo: Gwendolyn let me begin by giving you the first one. This is for a job well done, a job
that's truly above and beyond the call of duty. Let me present this one to you, and then you and
Commissioner Teele can help with some of the rest, along with the rest of the Commissioners. Thank you
so very much. Let's give them all a hand.
(APPLAUSE)
Mayor Carollo: Art, give me a hand.
108 9/28/00
Commissioner Teele: Carmen Sanchez.
Commissioner Sanchez: That's your second one of the day.
Commissioner Teele: Rafael Rodriguez. Jaime Hicks --
Mayor Carollo: Hendrickson.
Commissioner Teele: Hendrickson-Morales, Allen Gainer.
Allen Gainer: Thank you.
Mayor Carollo: Allen, thank you.
Mr. Gainer: Thank you.
Mayor Carollo: So much.
Commissioner Teele: Jacqueline Wilkerson.
Mayor Carollo: Hi, Jackie. Good job. Thank you.
Commissioner Teele: Olga Sanchez. You guys are all dressed up.
Mayor Carollo: Yes, elegant. My cousins.
Commissioner Teele: Judith Mentor.
Mayor Carollo: Good job, Judith. Thank you.
Commissioner Teele: Rosemary Cruz.
Mayor Carollo: Good job. Thank you.
Commissioner Teele: Dan Fernandes.
(INAUDIBLE COMMENT)
Mayor Carollo: Good job, Dan.
Dan Fernandes: Thank you.
Commissioner Teele: Javier Meza.
Mayor Carollo: (Inaudible.)
109 9/28/00
Commissioner Teele: Marchel Woods.
Mayor Carollo: Congratulations.
Commissioner Teele: Joni Harris. Hey, Joni.
Mayor Carollo: How you doing, Joni? Great job.
(INAUDIBLE COMMENT)
Commissioner Teele: Jeff Hepburn. Jeff, congratulations.
Mayor Carollo: Jeff, thank you. Congratulations.
Commissioner Teele: Richard Bowman.
Mayor Carollo: Thank you, Richard.
Richard Bowman: Thank you.
Commissioner Teele: Yogesh Shah.
Yogesh Shah: Thank you, Commissioner.
Commissioner Teele: Congratulations.
Mayor Carollo: Congratulations.
Commissioner Teele: Barbara Gomez -Rodriguez.
Mayor Carollo: Congratulations.
Barbara Gomez -Rodriguez: Thank you.
Commissioner Teele: Lorenzo Rodriguez.
Mayor Carollo: (Inaudible.)
Commissioner Teele: Diaka Tartt. That's a pretty name.
Mayor Carollo: (Inaudible.)
Commissioner Teele: Susan Gooding-Liburd.
Mayor Carollo: Congratulations.
110 9/28/00
Commissioner Teele: Oleg Gargaski (phonetic).
Mayor Carollo: Congratulations.
Oleg Gargaski: Thank you.
Commissioner Teele: Gargaski?
Mr. Gargaski: Gargaski.
Commissioner Teele: Gargaski.
Vice Chairman Gort: It's close enough, right?
Mr. Gargaski: Thanks.
Mayor Carollo: Thank you.
Commissioner Teele: John Peoples.
Mayor Carollo: Hey, John. Good job. Thank you.
Commissioner Teele: Erica Medina -- Erick, Erick, Erick.
(INAUDIBLE COMMENTS)
Commissioner Teele: Nyron Manborde.
(INAUDIBLE COMMENTS)
Nyron Manbourne: Thank you.
Commissioner Teele: Rufus Orindore.
Mayor Carollo: Rufus, thank you. Appreciate it.
Commissioner Teele: Janice Giddarie.
Mayor Carollo: Thank you.
Commissioner Teele: Analysa Sawyers.
Commissioner Winton: She's not here.
Commissioner Teele: Jose Gancedo.
111 9/28/00
0 •
(INAUDIBLE COMMENTS)
Commissioner Teele: Mario Perez.
Mayor Carollo: Mario, thank you again. Great job you did.
Commissioner Teele: And to Miss Allaround, who does it all, Basheva Wright.
Mayor Carollo: Thank you so much. Appreciate it. Thank you.
Basheva Wright: Thank you.
Commissioner Teele: Is, there anyone that didn't get one?
Ms. Warren: Well, Livia Garcia should be up here.
Commissioner Teele: Olivia Garcia -- Livia. And Ms. Garcia is with the Homeless Trust and --
Livia Garcia: Program.
Commissioner Teele: -- Program, and has really been a faithful steward.
Ms. Garcia: Thank you, sir.
(INAUDIBLE COMMENTS)
Commissioner Teele: And Nelson Rodriguez. Let's give them all a big hand.
(APPLAUSE)
(INAUDIBLE COMMENTS)
Mayor Carollo: Thank you all very much. We're very, very grateful for your help. Mr. City Attorney,
what time did we have scheduled the budget hearing?
Mr. Vilarello: It cannot be conducted until after 5 o'clock. 5:05.
Mayor Carollo: Five -o -five, right? OK. If I could ask the members of the Commission if we could begin
promptly at 5:05 the budget hearing. Would that be all right, if we could begin promptly at 5:05?
Vice Chairman Gort: No problem.
Mayor Carollo: Thank you.
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.
112 9/28/00
35. CONTINUE CONSIDERATION OF APPEAL OF HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD DECISION WHICH APPROVED CERTIFICATE OF APPROVAL FOR
REMOVAL AND RELOCATION OF TREES FOR PROPERTY AT 2015 SOUTH BAYSHORE.
DRIVE.
Vice Chairman Gort: At this time I have a request that there is a PZ (Planning and Zoning) item that we
need to --
Commissioner Sanchez: Take out of order?
Vice Chairman Gort: -- take out of order. But really, what we're going to do is defer it to a time certain
in October.
Vicky Garcia -Toledo: November.
Tucker Gibbs: November.
Vice Chairman Gort: November. When is the second meeting, the PZ meeting in November?
Ms. Garcia -Toledo: Is there any way we could do it the first meeting? Because this is not a PZ item, so it
does not have to be part of the PZ Agenda.
Mr. Gibbs: It's an item that comes out of the Zoning Code.
Vice Chairman Gort: I'm sorry, you guys. Who are you guys?
Mr. Gibbs: My name is Tucker Gibbs. I'm representing Neighbors to Ransome Everglades Middle
School. We filed the appeal, and we're asking for a deferral to a time certain. The first meeting in
November is fine.
Vice Chairman Gort: All right. And you are?
Ms. Garcia -Toledo: Vicky Garcia -Toledo, representing Ransome School. And I agree with"my learned
colleague.
Vice Chairman Gort: Thank you. Two lawyers agreeing. This is a --
Commissioner Sanchez: Two lawyers agreeing. It's going to be an easy day to day.
Vice Chairman Gort: -- time certain. Time certain. The first meeting in November it'll be on the --
Mr. Gibbs: Can we do it at 5 o'clock as a time certain on that first meeting in November?
Vice Chairman Gort: Five o'clock on the 2na.
Commissioner Sanchez: Do we need a motion to defer?
113 9/28/00
Vice Chairman Gort: Motion to defer for a time certain.
Commissioner Sanchez: So move.
Commissioner Winton: Five o'clock time certain, Tucker, only if the Commission meeting is still going.
But if it --
Mr. Gibbs: Oh, I like that thought.
Commissioner Winton: If we're -- if we happen to be flying through something and we're done early,
then I don't want to be hanging around for your item.
Mr. Gibbs: Ooh. OK. I hear you:
Vice Chairman Gort: Time certain, November. Do I have a motion?
Commissioner Winton: So move.
Vice Chairman Gort: No, I'm sorry, it's the 9th, November the 91h. OK? Next meeting is November the
9th
Ms. Garcia -Toledo: Thank you.
Mr. Gibbs: Thank you very much.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
114 9/28/00
0
9
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-839
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -6 (APPEAL OF HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD DECISION WHICH APPROVED
CERTIFICATE OF APPROVAL FOR REMOVAL AND RELOCATION
OF TREES FOR .PROPERTY AT 2015 SOUTH BAYSHORE DRIVE)
TO NOVEMBER 9, 2000 AT 5 P.M.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
115 9/28/00
36. TABLE CONSIDERATION OF APPEAL OF ZONING BOARD DECISION WHICH DENIED
SPECIAL EXCEPTION FROM ORDINANCE 11000 TO ALLOW A' DAYCARE FACILITY FOR
MORE THAN 20 CHILDREN (PROPOSED 30 CHILDREN) FOR PROPERTY LOCATED AT
APPROXIMATELY 3681 SOUTHWEST 20TH STREET.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: I have a request on PZ (Planning and Zoning) item 5. If we can do it after 7:00,
the --
Vice Chairman Gort: If we're here.
Commissioner Sanchez: Today?
Commissioner Regalado: I mean -- yeah, today, after 7:00. Oh, we're going to be here probably, but
because of the residents --
Saul Cimbler: I'm here on item number 5, and I'm asking for a deferral on personal reasons. I have
bronchitis, and I've been in the hospital this week, and I may be on my way back. So I'm asking if we can
defer it for the first meeting in November.
Vice Chairman Gort: Don't we have a PZ in October? We do have a PZ in October.
(INAUDIBLE COMMENTS)
Lourdes Slazyk (Assistant Director, Planning and Zoning): Excuse me. The community is coming later
today to hear this item. So.
Vice Chairman Gort: You have to wait until they get here, sir. We have a public hearing. You have to
wait until they get here. Both parties have to be here before we can defer anything.
Mr. Cimbler: But now they're saying it's not till 7 o'clock, and I'm rather ill. I mean, if they were
coming at the time allotted --
Vice Chairman Gort: As soon as they come in we'll take it up. OK? Thank you.
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.
116 9/28/00
37. CITY ATTORNEY TO PREPARE WRITTEN RESPONSE TO PANEL OF COUNTY COURT
JUDGES, SETTING FORTH IN DETAIL COMMISSION'S POSITION RELATED TO RESOLUTION
OF MATTERS DISCUSSED AT THEIR MEETING WITH REPRESENTATIVES FROM CITY
POLICE, DEPARTMENT AND CITY ATTORNEY'S OFFICE, WHICH REPORT RESPONDS TO:
AUDIO TAPING OF ARREST DIALOGUE; ADJUSTMENT OF IMPOUNDMENT FEE; USE OF
IMPOUNDMENT FEE FOR COUNTY PROGRAMS ON PROSTITUTION REHABILITATION;
DISPOSITION OF FEE UPON A NOT GUILTY FINDING IN CRIMINAL COURT; TOWING
COMPANY FEE DISPOSITION; URGING SAID PANEL OF .COUNTY COURT JUDGES TO TAKE
THE AFOREMENTIONED WRITTEN RESPONSE UNDER ADVISEMENT.
Vice Chairman Gort: Commissioner Winton, you had something.
Commissioner Winton: Yes. This is about -- this is in response to the Miami Herald article on
prostitution and the process that the City of Miami uses to battle prostitution, particularly on Biscayne
Boulevard. And I felt that since there was an article that went out to the entire public, and since a number
of judges made suggestions in terms of modifying our current policies, I thought that it was important for,
one, the Commission to discuss this issue; and two, to have an opportunity from our standpoint to address
this issue in a public forum, as well. The sting operations that we've been doing in the City of Miami
have been going on since 1997. And the mere fact that these sting operations have been going on since
1997 in that same area, which is now three years, probably getting closer to four, and we still have a
problem suggests that there may be some things that we need to do differently. And I had a long
conversation with our Chief of Police and our City Attorney over this whole process. And essentially,
what the -- what five judges asked us to do was to audiotape arrests. They wanted us to change the car
impoundment fee from one thousand to five hundred for first-time offenders, and escalate it after second
and third arrests. They want us to return impoundment fees to defendants found not guilty. They want us
to use a portion of the impoundment fee to rehabilitate prostitutes along Biscayne Boulevard. And they
wanted to allow the'guilty party to get some percentage of the profits if the towing company sells the cars.
And in the discussions that I had with both the City Attorney and our Chief of Police, they felt that there
were a couple of things that we, in fact, could consider. But in making these considerations -- And by the
way, one of the things that I wanted to make sure that we did is, if the judges were giving us some specific
suggestions for direction on this, I also wanted to make sure that we had an appropriate airing of this issue,
because what we absolutely don't want to do is get ourselves into a position whereby just about the only
tool that we have in our little tool chest for fighting this issue, we don't want those tools taken away from
us. And we all know that the judges could do that in one of two ways. They could, as a group, get
together and help force a change in this process. They can also do it in a much more subtle fashion, and
that's essentially to dismiss most of the cases that come before them, and we lose again. So we don't want
that to happen, either. Now, the issues where the Chief and the City Attorney felt that we probably had
some flexibility was related to -- one issue related to whether or not the guilty party gets some percentage
of the profits if the towing company sells their cars. And we feel, as the Miami Herald has suggested. In
fact, the City has already sent a letter to the towing companies to suggest that that absolutely should be
happening. If the towing company sells a car for more than the impoundment fee then the -- I got -- clear
that thing for me so I say it right.
Raul Martinez (Chief of Police): Raul Martinez, Chief of Police. If the towing company -- it's state law
that if the towing company sells the car for more than the cost that it cost them to tow it and to secure it
117 9/28/00
while it was there and any other appropriate administrative costs, those moneys must either be given back
to the owner of the car, or be placed under the County Clerk's Office in some sort of fund that they have.
Commissioner Winton: Right. And so we don't have a problem with that piece of their suggestion. Their
other suggestion was on changing the impoundment fee from one thousand to five hundred dollars ($500).
And again, Chief Martinez, if you don't mind, I would like you to declare onto the record what state law
now allows us to do as it relates to that. Or Mr. City Attorney, I don't know, maybe you should do that.
What does state law now allow us to do from a fining standpoint?
Alejandro Vilarello (City Attorney): There are new provisions in the state law that allows us to not only
bring the fine up to a thousand dollars ($1,000), but as high as five thousand dollars ($5,000).
Commissioner Winton: So where .the judges are worried that this fine of a thousand dollars ($1,000)
rather than five hundred dollars ($500) may be inappropriate, I find it curious that they find it
inappropriate, in light of the fact that the Florida Legislature has given us essentially the authority to
increase that fine from one thousand to five thousand dollars ($5,000). So I think that their -- I think that
the message that we want to deliver to the people that are creating the problems in our neighborhoods is
that not only are we, from the City of Miami's standpoint, not particularly interested in lowering the fee,
but I think that we're going to give serious consideration at some point in the near future to increase the
fee as opposed to lower the fee. But there is one area, and I think it's -- and we had a big debate about just
the law. And I'm dealing many times with the fairness part. When defendants are arrested, and they're
charged the impoundment fee, if they're found innocent, we still keep the thousand dollar ($1,000) fee; is
that correct?
Chief Martinez: If they're found guilty of -- There's two different procedures, .Commissioner -- the
administrative proceeding that typically happens right away, because they want to get their car back. And
sometimes, they are found guilty and sometimes they're not. Sometimes, the master, special master
returns part of the moneys. Then there's the criminal violation.
Commissioner Winton: Right.
Chief Martinez: If they're found guilty of the administrative violation, or if they fail to contest the
administrative violation and pay the thousand dollars ($1,000), then later on, they go to criminal court, and
they're one of those few cases, and very few cases in which they're found, adjudicated not guilty. Right
now, they don't get that money back, because it's a civil proceeding versus a criminal proceeding.
Commissioner Winton: And before I get to the bottom line on that, would you also state for the record,
give us the statistics on the number of arrests that we've made in this area, the kind of activity that we
have.
Chief Martinez: Yes, Commissioner. Since we began this program back in March of 1997, the Police
Department has effected 11,235 arrests. Not all of them are for prostitution, but about 71 percent were for
prostitution, 15 percent for narcotics and 13 percent for dumping/DUI. That's how the numbers are set
around. When I first took over, I was concerned of our conviction ratio, whether we were doing the right
thing, and we gave additional training to our police officers. But we took a snapshot for the first three
months of the year of 2000, and we had to hand search all the files at the State Attorney's Office to see
118 9/28/00
what happened to all the cases. We took a snapshot of 1841 cases that had gone into the system and what
happened to those 1841 cases. From those 1841 cases, 74 percent either were found guilty, or they took --
or they pled to a pretrial type deal where they wouldn't have to go to court, and if they went to a program,
then they'd view some videotape and they didn't have to go through it. Thirteen percent of them, bench
warrants were issued. That means the defendant didn't show up for court, so there's actually an arrest
warrant for those persons. Five percent of them were nol-pros. Either the officer didn't show up for
court, or something happened in the paperwork that the court dismissed the case without hearing the case.
Twelve of them, which is point six five percent,'actually went to trial, either a bench trial or a jury trial,
and they were adjudicated.not guilty. And there's about seven percent of them that are still pending of the
1841 cases. So the bottom line of 1841 cases, there's been in this sample, and it's a pretty big sample that
we took, 12 cases that were adjudicated not guilty either by a judge or by a jury.
Commissioner Winton: And how many repeat offenders do you get?
Chief Martinez: And Commissioner, I asked that question of my staff a couple minutes ago, and there is a
-- they get maybe two a month from this. There's about 24 a year, 25 a year, somebody who is foolish
enough or whatever it is that -- to get caught doing the same thing, goes back into the same area and falls
into the same trap. I can tell you that the numbers in the operations have been decreasing, which is good,
which is what we want them to do. It's not something that we want to do this forever. The success of the
program, as far as the Police Department is involved is that we have to do no operations, because there is
no prostitution in the City of Miami, and there is no ladies walking around that are affecting the quality of
life of our neighborhoods. If that happens tomorrow, we wouldn't do another operation. Unfortunately, I
don't think it's going to happen tomorrow. We hope it's going to happen next year where that happens.
But until that happens, we'll continue to do the operations.
Commissioner Winton: But the interesting point to the repeat offenders is that we don't have repeat
offenders. It's all first-time offenders who don't seem to get the message that you shouldn't be coming
onto Biscayne Boulevard looking for your jollies. So the judges' suggestion here -- well, you know, I
can't help it -- the judges' suggestion that we decrease the original fine and increase it for second, and
third and fourth arrests doesn't do any good, because we don't have the second, and third and fourth
arrests. What we really need to do is focus all our efforts on making sure people understand that they
shouldn't be going to that area, period. Do you mind, Chief, walking through each of these five, and let's
talk about the things that we think we can do and can't do, and the reasons why?
Chief Martinez: Certainly, Commissioner. The first one, you mentioned already. The judges expressed a
concern that if an individual's vehicle is taken away that can't pay the fee or they refuse to pay the fee,
towing companies have a right after "X" amount of days -- it's either 45 or 90 days -- to confiscate the
vehicle and to sell the car. State law, like I stated before, mandates that if that does happen that the towing
company cannot profit any more than the actual cost that it took them to impound, maintain and
administrative cost. That, we don't have a problem. That, you know, it's part of the state law, and we will
-- we're in the process of sending them a letter, reminding them that the judges have this concern, and also
sending a letter to the County Clerk's Office, which is the one that has to police this, to let them know that
their judges expressed this concern. To date, there's been 396 cars throughout the City which this has
happened. And from talking to my staff, they're typically a junker car that nobody wants to pay. The car
is maybe worth a hundred bucks, and the fine and the fees are not worth, you know, the person paying
that.
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Commissioner Winton: And that's about four percent of the total cars?
Chief Martinez: Yes, sir.
Commissioner Winton: OK. Thank you.
Chief Martinez: The second issue --
Commissioner Teele: Excuse me. Is there a document that you all have that I don't have or that
somebody's got?
Commissioner Winton: No, no, I'm reading from the Miami Herald article.
Commissioner Teele: Oh.
Commissioner Winton: Would you -- I'm sorry. I'll get you a copy of this.
Commissioner Teele: I didn't see the story. But is there a legal report from the lawyer on this?
Mr. Vilarello: With regard to the Herald article?
Commissioner Teele: No. With regard to what the judges have been saying to us?
Mr. Vilarello: Actually, the Commissioner has gone straight down the line of the judges' concerns and the
issues that they brought forward to the Chief and I in a meeting that we had with five of the County Court
judges. Those were their concerns.
Commissioner Teele: Is there a report of that meeting anywhere?
Mr. Vilarello: No, sir.
Commissioner Teele: Could you all give us a full report in writing of that meeting?
Mr. Vilarello: Be happy to.
Commissioner Teele: And let me just say one thing about this. I commend Commissioner Winton for
moving forward on this, although I'm concerned about the rating. What is the City of Miami Commission
meetings -- what kind of rating do we carry now on Net -9?
Chief Martinez: PG (parental guidance).
Commissioner Teele: PG -13? But in all seriousness, we need to be very careful of how we respond orally
to anything a judge may have said. I can tell you from experience, you rarely win an argument with a
judge when you're responding particularly in what we're going to do and what we're not going to do. So I
want to make sure that we're being very deliberate, very thoughtful, very analytical, because I'm not
120 9/28/00
interested in getting any judge who might see this as a statement that we made, you know, that winds up,
you know -- Judges, Attorney Generals, you need to be very careful how you refer to them. And so, I
mean, I'm commending you and I'm in complete agreement with you. But I heard you say what we're not
going to do and what you're not concerned about. And I want to make sure that the Commission
thoughtfully responds to each request that the judge may have had with the Attorney and with the Chief,
and that we pass some type of formal resolution doing that. I mean, I don't think we're going to -- It's
good for the minute, but I think if we're going to solve this issue -- because I come down at the end. of the
day 100 percent behind what I've heard you say, Commissioner Winton, in this discussion, and that is
we're not looking to help second and third offenders in this process. We want the judge and the public to
know that if you're interested in doing this kind of activity, the last place you want to do it is within the
City, boundaries of the City of Miami, for a lot of reasons. And I think we can bill those reasons. But I
really do think that Commissioner Winton and you have a little bit of advantage on us, because I don't
have the facts of what you all are talking about. And I'm in agreement with, I think, what you're saying.
But I do think that for the purpose of responding to judges, rarely does a public discussion get the kind of
response that the judges are going to be looking for. And if they took the time to meet with the Chief and
the Attorney, they expect the Mayor and this Commission to sit up, take notice and act, and act formally.
And I'm not prepared to take a formal action today, at least --
Commissioner Winton: And --
Commissioner Teele: -- I'm prepared to follow your lead, Commissioner Winton.
Commissioner Winton: I think your comments are well placed, and based on your comments, I think that
it probably is inappropriate to take any specific action today. However, the discussion about it is very
important. And there's more than one audience. The audience isn't just the judges. In fact, they're the
minor part of the audience. The audience is the public that has already seen one side of this whole issue.
And we've had a lot of conversation, a lot of phone calls, a lot of interest in this subject. And so that's the
reason that it was on. And my apologies, also.
Commissioner Teele: And Commissioner Winton, I'm not at all trying to get you not to do what you want
to do. The only thing that I would like to just say is at the end of this, I hope you will move to instruct the
City Attorney and the Manager to prepare a resolution for the next Commission meeting --
Commissioner Winton: Perfect.
Commissioner Teele: -- and to implement, or to act upon, or to respond and further instructing, the City
Attorney, to seek another meeting with those judges and explain whatever our position is. But I just
support where you are. I just don't want for us to start making statements that could be misinterpreted.
Commissioner Winton: Right.
Commissioner Teele: Because, let me tell you, any judge could just say --
Commissioner Winton: Good point.
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•
n
Commissioner Teele: -- "Well, if that's how they feel, I'm just going to declare this a violation of --
something.
Commissioner Winton: And stop --
Commissioner Teele: And then that's it. The argument is over until you get to another judge.
Commissioner Winton: Exactly.
Commissioner Teele: So we need to be very careful about that.
Vice'Chairman Gort: Now, my understanding, also, if none of the cars is for illegal dumping, it takes
place also. Because, let's face it, the City of Miami, for a long time, because we have such a good pickup,
has been used to be the illegal dumping of the whole County. And one of the ways we have been able to
stop this is by putting this fine and stopping these individuals. And I think the message is going out there
that this is what we're going to do. We're not going to tolerate any illegal dumping or any illegal activity
within our streets.
Commissioner Winton: And I'd like to recognize some here. Monica Gordo, are you here? State
Attorney's Office? She's still here? We'd like to recognize Monica Gordo. Thank you for coming. She's
from the State Attorney's Office. And I have to tell you that the State Attorney's Office has been a big
help to us, both in the Upper East Side and the West Grove, related to problems that we're working on.
So we're real appreciative. And she is here to listen and to assist in whatever way she can. So thank you.
Chief Martinez: Commissioner, if I may continue as to the points. And just to state a point to what
Commissioner Teele was saying, the meeting with the judges was very amicable. They were suggestions.
They were by no means dictating, because they realize that they don't have direct power to dictate. They
can drop cases, and dismiss cases and do that, and that's another avenue that they have. But it was very
amicable, where they gave suggestions. And at some point, we'll get back to them. The second point that
they brought about is an issue that you discussed already, Commissioner Winton. It is the reduction of the
fee, and that's really a legislative decision for you to make. The third point that they spoke about, about
that they had a concern that the special masters which are retired judges or magistrates who hear the cases
were being paid by the City, so that could be a conflict. And Alex, maybe, you may want to.answer.
Vice Chairman Gort: Well, if they want to pay for it, we don't have any. problem. They can pay for it.
Mr. Vilarello: Well, simple -- the special master process is authorized by state statute, and used by many
municipalities. And of course, they don't -- they're not going to work and spend their time on our cases
for free, so. But the process is in place. And in fact, if you take a look at their decision-making process,
they often reduce the amount of the fine, and sometimes come down with decisions contrary to the
presentations by the. department and my police , legal advisor. So they do act independently,
notwithstanding the fact that they're paid. And of course, County Court and Circuit Court judges are also
paid by the state or the County, as well, so..
Vice Chairman Gort: Question. Any decision made by those individuals, can they be appealed?
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Mr. Vilarello: There is an appeal to the Circuit Court acting in its appellate capacity, yes.
Vice Chairman Gort: OK. Thank you.
Chief Martinez: The fourth point is the --
Commissioner Teele: On that point, couldn't we, however, Mr. Attorney, just as easily ask the Clerk of
the Courts to administer that process for us and reimburse them?
Mr. Vilarello: They would simply retain a special master, as well.
Commissioner Sanchez: As well.
Commissioner Teele: I understand. But the issue, you know, and this has transitioned over the last 30
years, is getting away from people who have to give tickets to get their salaries to judges who get paid a
commission. I mean, we've transitioned. And I think what the court is saying- is that in an ideal world, the
judiciary would be independent of whoever is making the payment. That's why you have the whole issue
of Article V. I think you can address that issue simply by entering into an interlocal agreement, a
cooperative agreement with the Clerk of the Court, and we would just basically reimburse them for our
masters. And we could pretty much -- you know, they would be working, in effect, for the Clerk of the
Court.
Mr. Vilarello: Certainly, that's an available option.
Chief Martinez: The fourth point, Commissioner, and you spoke about this. earlier, is the return of the
money for those few that are found not guilty. And it's something we're considering right now, and when
we respond to the judges, we'll respond to this issue, too. Next to the last is one of the judges is creating a
diversionary program to give outreach to prostitutes, and they wanted to designate a portion of the VIP
fine directly towards that diversionary program. Our position at that meeting is that we would consider
that. We'd consider assisting to do our fair share. I didn't want the City to be the only one to be funding
diversionary programs Countywide. I also expressed on the issue that we had spoken as a group and
individually, indirectly many times, where the City is the, illegal dumping ground for all arrestees
Countywide. A prostitute in Florida City or a panhandler in Florida City gets arrested once, gets
transported to the Dade County Jail in the City of Miami, and most of them don't walk back to their
jurisdiction. They now become a City of Miami type issue that we continue to address on a daily basis,
sometimes two or three times a day. So I put it all in the same concept. We would like to do our fair
share, as long as the judiciary and the County is willing to help us and assist us in the issue that is the
constant revolving door for the City. It's not for the other jurisdictions. For those jurisdictions, an arrest
solves their problem, and the person is out of their hair. They don't come again. In the City,
unfortunately, because of the location of the main processing facility, it's every day unless the person
changes their ways.
Commissioner Winton: Administratively, who makes the decision on where all of these offenders are
processed? Is that at the County Manager level, or is it the Chief Judge level? I mean, where is that
administratively?
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Chief Martinez: It's definitely not the Chief Judge's level. It would be either the County Manager or
County Corrections that makes those decisions. .And for a while, some time in 1998, when the Winn-
Dixie site was sold, we were able to put some pressure, and we were allowed to process misdemeanors at
two facilities -- one in Cloverleaf and one that's called TGK or TGY, on 72°1 Avenue and 36th Street.
That lasted less than one year. We started to see immediately results, because we were in the same boat as
the other cities were. In the next budgetary year, the County, the way I understand it -- and maybe I'm
incorrect, but this is the best I understand it -- ceased funding those facilities to do those procedures there,
and the funding went back to the central only facility Countywide to do it.
Commissioner Winton: Because it was in their municipality, and their residents started raising holy cane,
and so we got them all back again. Fairness?
Commissioner Sanchez: Mr. Chairman I --
Vice Chairman Gort: Yes, Commissioner Sanchez.
Commissioner Sanchez: Johnny, do you yield? Just -- the process, we've been doing this for how many
years now?
Chief Martinez: Since March of '97, three and a half years.
Commissioner Sanchez: Since March of '96 we've been doing it. It may not be a perfect system, and
there are those that may fall in the crack. And unfortunately, some people got caught and really did shine
the spotlight on the issue. But one of the concerns that I have is that, you know, with all the suggestions
that were made by these judges -- and of course, you sat down with them and there were ways to fine tune
it so it's even a better system that -- you know, there's a reduction in the operations that are going on,
because they have been very effective, not only in Biscayne Boulevard, but of course, you've done many
in my district, where I've seen people that -- an operation where you have your sting operation. It's just --
it's very effective. I'm sure, that, just like DUI (driving under the influence) process check points, they
have an appeal process to go where they -- if it wasn't your car, you go through a process. I think it's a
fair process. You make your arguments, and then, you know, if you're right, they give you the car back
and they don't charge you. Because I've had several people call me that they've fallen under that
situation. It's sad, but they -- you know, people make mistakes in life. We're all human beings, and
there's a process. But I hate to really focus all the attention on it and have you shy back and stop doing
the operations, because, you know what? It takes these types of operations and the heat, and of course, the
media, and being out there and people talking about it. The people say, "Hey, well, you know what? Hey,
I'm not going to Biscayne Boulevard to pick one" or "I'm not going anywhere in the City. I'm staying
away from the City." And once again, these are the quality of life issues that we have to tackle. And
they're not -- they're not easy issues to attack. But in the long run, you know, I don't want to discourage
the Police Department and of course, our administration, you know, for not coming to an agreement with
the judges and stopping some of these operations.
Chief Martinez: And Commissioner, you're right. There's nothing that affects the quality of life of a
neighborhood more than somebody driving around, and you see a prostitute walking around. The message
is if this is allowed by the Police, if this is allowed by the neighbors, what else is going on in that
community? What else is allowed? What else is happening? I'm not going to move to this
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neighborhood. That's why we will not. stop until, you know, it's completely gone or gone as much as we
can from all the areas.
Vice Chairman Gort: My understanding, you know, the request is no action to be taken today, but for you
to come back with a resolution so we can go ahead and take action on it. Johnny.
Commissioner Winton: Right. And if you don't mind, some of the residents came, so if we could just
give them a few -- and we don't want long deals, so we can move on with the agenda -- but a couple of
people to make your point.
Robert Flanders: I'm Bob Flanders. I represent the Upper East Side Miami Council and Palm Bay, and
I'll get right to the point. We are in total support of the Police Department's prostitution stings, called the
VIP Program. We have appeared on public radio, Channel 4, the Miami Herald, Miami Today and the
Miami New Times in support of the program simply because it has reduced prostitution on the boulevard.
Think of it this way: If the VIP stings keep 100 johns a day off the boulevard, that's 25 hookers not
turning for tricks. The State Attorney's Office on Tuesday told us that the judges' ruling had been
overturned, that the VIP Program, as long as it's operated with the confines of, you know, constitutional
boundaries, it is perfectly legal. Please don't reduce or remove the stings. There's a lot of neighbors here,
business owners and residents. This is important to us. Please keep it.
Vice Chairman Gort: I think we're all saying the same thing. I think we all agree. We implemented this
program. We want to keep it. We want to maintain it. We want to make sure we don't run into any
problem.
Commissioner Winton: And Bob, if you don't mind, if all of the messages are the same, we'd rather
move on with the agenda, because I think you've heard our point. And if you all are on -- unless there's a
contrary message, I'd rater we not continue the public part of this and we move on with our agenda. And
thanks.
Mr. Flanders: Well, we appreciate that. We just delivered Paul Mendelson's message. Thank you.
Commissioner Winton: Great. Thank you.
Vice Chairman Gort: Yes, sir.
Manuel Gonzalez-Goenaga: Yes. My name is Manuel Gonzalez. I am in total accord with this sting
operation, but for a different reason than has been, expressed here. Because by using these policemen
going after these operations, they have left me alone, because that's not my problem. Because since this
issue or sting started, I have never been arrested. Thank you very much.
Vice Chairman Gort: Thank you. Last item with -- do you want to take (inaudible)?
Commissioner Winton: Yeah. Just one last point related to this. If we could -- and Commissioner Teele,
you might have some advice here. There's two sides to this puzzle, Commissioner Teele. One is the
johns and one is the prostitutes. We have a process that's attacking the johns vigorously here. The
judges, by and large, though, if we arrest the prostitutes, let them right out again. So there's no incentive -
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- nothing is happening on the judicial side to penalize the prostitutes. So they just run in, run out, run in,
run out. If we can take away both the supply and the demand, we can solve the problem. So
Commissioner Teele, if you've got any suggestions in terms of what we might do at the judicial system to
encourage them to put the prostitutes in jail for the length of term that's allowed by state law, then we
could also further attack this problem.
Vice Chairman Gort: If there's no clients, there's no service.
Commissioner Teele: Mr. Chairman, I think, unfortunately, a lot of the people that spoke have left. But
the best persons to assist in that are the people who were here speaking on behalf of the residents and the
neighborhoods. If they would -- and I know that in the Upper East Side, they organized, and they actually
did court monitoring. The problem,,you see, is that judges are just like anyone else. If people appear in
court and say, "I live in the area and I live in the neighborhood, and we very much would like to be heard
on this," let me tell you, they're going to all get the max, every person, because it's the whole issue of
victims. These -- the residents are the victims. And I think one of the things that we need to develop with
this is sort of a companion victims ordinance that gives the police, and, the tow companies, and the NET
(Neighborhood Enhancement Team) and everybody a mechanism to communicate on when these trials are
coming up and what judge they're appearing before. I think that's always the problem. Everything is
based upon the state, and the government and the defendant. But there are a lot of other victims, if you
will. Society is a victim as a whole, but there are neighborhoods that are victims. And I think that's what
we've got to try to figure out how to integrate into the process. But as it relates to what the judge has
recommended, I am totally in agreement that anyone who is found not guilty should receive their car back.
And quite candidly, I think the City should hold them harmless. And I don't know if we do that now, Mr.
Attorney.
Mr. Vilarello: I think the Chief touched upon it.
Commissioner Teele: I'm not talking about nol-pros.
Mr. Vilarello: I understand. The Chief touched on it. We're going on basically two different tracks.
One, an administrative track which happens very quickly. They have a right to a hearing, and they have a
hearing scheduled within ten days of the impoundment of the vehicle, at which time, a special master will
make a determination. However, the ultimate suggestion can be implemented with an amendment to the
ordinance that puts on an additional condition that if at some point in time in the criminal process there's
an adjudication of not guilty that the impound fee could be -- the vehicle impoundment fee could be
reimbursed, if that was the legislative will of this Commission.
Commissioner Teele:, And I would support something -like that. But more than just that. I mean, that they
be held harmless on the cost. In other words, we need to put them back. If someone has been found not
guilty, they should not be held to pay for the administrative fees, and this and that. We need to figure out
how to hold them harmless. And then we need to make the arrangements with the two companies so that
that's an administrative cost on us in terms of that. So there needs to be -- I think we need to think that
through in that regard. And I'm strongly in support of the legal principle that a person is innocent until
proven guilty. And a person who has been adjudicated not guilty should be treated as though they're not
guilty, and should not have to be out of pocket. So I'm in support with the lawyer, with the judge and
anyone else that feels that way.
126 9/28/00
Vice Chairman Gort: OK. Thank you. And then you'll come back to us.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: I would ask again that Commissioner Winton -- I would ask again that
Commissioner Winton make a motion that would request the Attorney to prepare a resolution, you know,
that expresses the sense of the Commission and to the detail that we're comfortable, and to provide a
response to the meeting for the judge, and those things that were taken under advisement and we'll do.
But I think we should do something formal.
Commissioner Winton: Thank you. And so move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: And I would second the motion.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
127 9/28/00
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-840
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE A
WRITTEN RESPONSE TO THE PANEL OF MIAMI-DADE COUNTY
COURT JUDGES, SETTING FORTH IN DETAIL THE CITY
COMMISSION'S POSITION RELATED TO THE RESOLUTION OF
THE MATTERS DISCUSSED AT THEIR MEETING WITH
REPRESENTATIVES FROM THE CITY OF MIAMI POLICE
DEPARTMENT AND CITY ATTORNEY'S OFFICE, WHICH REPORT
RESPONDS TO THE HEREINBELOW LISTED ISSUES:
1. AUDIO TAPING OF ARREST DIALOGUE;
2. ADJUSTMENT OF IMPOUNDMENT FEE;
3. USE OF IMPOUNDMENT FEE FOR COUNTY PROGRAMS ON PROSTITUTION
REHABILITATION;
4. DISPOSITION OF FEE UPON A NOT GUILTY FINDING IN CRIMINAL COURT;
5. TOWING COMPANY FEE DISPOSITION;
FURTHER URGING THAT SAID PANEL OF COUNTY COURT JUDGES WOULD TAKE THE
AFOREMENTIONED WRITTEN RESPONSE UNDER ADVISEMENT.
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 Regalado: One final question. How about the Tampa ordinance that bars prostitutes from
coming back to the area once they're arrested?
Chief Martinez: Raul Martinez, Chief of Police. There is a Tampa ordinance. It's called a mapping
ordinance, which is very similar to the one that Miami Beach is getting ready to implement. We have met
with Miami Beach. We have requested the Tampa ordinance. It's something that we are looking at, as a
possibility. It is basically an injunction. Once convicted, the judge just has to say, "You can't come back
to the square," and that lady or that gentleman cannot come back into the square. Should he or she come
128 9/28/00
11
0
back to that area, they'll be guilty of contempt of court and the officer will be able to arrest them. It's
something we're looking at. We're really waiting to see what the Beach's ordinance starts to look like.
We have met with the Law Department to feel them out about the wording, and so on and so forth. The
Beach hasn't taken the first step yet. They're doing some training. They're looking at some legal issues.
But we're looking at them, because it's a copycat of the Tampa ordinance.
Commissioner Regalado: Yeah, but in Tampa, it was challenged, and the courts decided that it's legal.
Chief Martinez: Yes, sir. Yes, sir. Yes, sir.
Commissioner Regalado: So the Police are doing that. So I don't --
Commissioner Teele: But the way you've described this, the ordinance doesn't prohibit the person from
coming. The judge's order does.
Chief Martinez: Correct. Correct. It would have to be an agreement by the judges to say, "Yes, when I
convict somebody of prostitution, you know, that person cannot come back to the area." Then it will be
the Police Department's responsibility to describe the area to them. And you have to be very specific, so
the person knows what the parameters of the area is.
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38. RELATED TO OUTBOARD CLUB; GRANT ABILITY TO CONTINUE CONSTRUCTION ON
RESTAURANT.
Vice Chairman Gort: OK. Next item, the -- we have appointments. But do you guys want to go into the
districts or you want to go to the appointments? What's the wish of the Commission?
Commissioner Sanchez: Move on into the Commissioners' items.
Vice Chairman Gort: We'll move on to the Commissioner's agenda. District 2, Commissioner Winton.
Commissioner Teele: Don't we have the Zoning?
Vice Chairman Gort: The who?
Commissioner Winton: Planning and Zoning.
Commissioner Teele: Planning and Zoning.
Vice Chairman Gort: Yes, we do.
Commissioner Sanchez: PZ (Planning and Zoning) items, that's afterwards. PZ items are afterwards.
Commissioner Teele: Mr. Chairman, I mean, with all due respect, we're going to be here. Why don't we
take care of the things that relate to the public and then -- I mean unless our items relate to someone from
the public.
Vice Chairman Gort: Half of the items in here belong to a motion that Commissioner Winton is going to
bring.
(APPLAUSE)
Vice Chairman Gort: No, no, please.
Commissioner Teele: Half the items in here are what?
Commissioner Sanchez: Huh? Johnny's. Those are Johnny's. Everybody's -- most of the people are for
Johnny's.
Commissioner Teele: I think if there's items, Commissioner items that involve the public --
Vice Chairman Gort: There is.
Commissioner Sanchez: Johnny's got, I believe, a pocket item, Johnny? Is it a pocket item.pertaining?
Commissioner Winton: Actually, I have --
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Vice Chairman Gort: Let's go to it. This one will be fast. Go ahead.
Commissioner Sanchez: Go ahead, Johnny
Commissioner Winton: Now, where is this one here? The (inaudible)?
Unidentified Speaker: Yeah.
Commissioner Winton: OK.
Commissioner Sanchez: This is the pocket item dealing with the Miami Outboard Club?
Vice Chairman Gort: Yes. Dena Bianchino. Yes
Commissioner Winton: Which one is this? OK, Dena, you want to get this on the Outboard Club?
Commissioner Sanchez: Go ahead.
Dena Bianchino (Assistant City Manager): What this does is gives the Outboard Club what they ask,
which is the ability to continue the construction on their bar and restaurant that they were concerned
about. And that's what this resolution does.
Vice Chairman Gort: This is in accordance to the agreement that was signed and the lease that was
signed, that was awarded about a year or two years ago.
Ms. Bianchino: Yes.
Vice Chairman Gort: Right? OK.
Ms. Bianchino: Yes.
Commissioner Sanchez: Johnny, it's in your district. Do you want to move it?
Commissioner Winton: Yeah, move, so move.
Commissioner Sanchez: Second.
Commissioner Winton: I had somebody whispering in my ear.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
131 9/28/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-841
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE LEASE AGREEMENT
("AMENDMENT NO. 1"), IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI OUTBOARD CLUB, INC., A FLORIDA NON-
PROFIT CORPORATION, TO: (1) AMEND THE LEGAL
DESCRIPTION OF THE LEASE PROPERTY TO INCLUDE THE
ADJACENT AREA, AS AMENDED, AS A RESULT OF AN
ENCROACHMENT AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT B-1 ATTACHED TO AMENDMENT NO. 1 AND MADE A
PART HEREOF; (2) CONSENT TO THE REMODELING OF THE'
RESTAURANT AND BAR PROVIDED THAT MAXIMUM BAR
SEATING DOES NOT EXCEED TWENTY-FIVE (25) SEATS; (3)
ELIMINATE THE CONSUMER PRICE INDEX ("CPI")
ADJUSTMENT TO THE BASE RESTAURANT REVENUES; AND (4)
AUTHORIZE THE CITY MANAGER TO GRANT AN EXTENSION
OF TIME TO COMPLETE THE CONSTRUCTION OF THE PARKING.
(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
Vice Chairman Gort: Any other item, Johnny?
(APPLAUSE)
Vice Chairman Gort: Hold it, hold it. We got a lot of things to do.
132 9/28/00
39. APPROVE CITY'S PARTICIPATION IN JOINT PLANNING EFFORT WITH COUNTY'S
METROPOLITAN PLANNING ORGANIZATION (MPO) TO CREATE AND IMPLEMENT
COMPREHENSIVE LONG-RANGE MIAMI DOWNTOWN TRANSPORTATION MASTER PLAN
FOR DOWNTOWN MIAMI AREA.
Vice Chairman Gort: Any other item? Go ahead.
Commissioner Winton: We have -- Where's the one on the MPO (Metropolitan Planning Organization)
joint agreement? We have -- What we want to do is get the City's participation in a joint planning effort
with the Metropolitan Dade -County or Miami -Dade County Metropolitan Planning Organization,
essentially approving the City's participation in a joint planning effort with Miami -Dade County
Metropolitan Planning Organization to create and implement a comprehensive long-range Miami
Downtown Master Transportation Plan for the downtown Miami area, and authorizing the City Manager
to execute a joint planning agreement in a form acceptable to the City Attorney.
Commissioner Sanchez: So move.
Vice Chairman Gort: There's a motion. Is there a second? Any further discussion? Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-842
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING THE PARTICIPATION OF THE CITY
OF MIAMI IN A JOINT PLANNING EFFORT WITH MIAMI-DADE
COUNTY METROPOLITAN PLANNING ORGANIZATION ("MPO")
TO ESTABLISH AND IMPLEMENT A COMPREHENSIVE LONG-
RANGE TRANSPORTATION MASTER PLAN FOR THE
DOWNTOWN MIAMI AREA; AND FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE A JOINT PLANNING AGREEMENT
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.)
133 9/28/00
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
Vice Chairman Gort: Is that it, Johnny?
Alejandro Vilarello (City Attorney): Mr. Chairman, that's District 2, item A in your agenda package.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Can we ask the people outside, please, to go celebrate outside? Yes.
Commissioner Teele: One point, Mr. Manager. And this is not meant to be critical of the Public Works
Department or the Planning Department, but the City did not apply for any money under the municipal
grant this year. Unfortunately, the City has not received money in the last three or four years from the
MPO, so I can understand why we didn't. But ,I would ask that the Manager create sort of a working
group. I mean, I know the Planning Department regularly attends MPO meetings, but it really is much
more of a Public Works function, and to some extent, a NET (Neighborhood Enhancement Team)
function. And I really think we're missing a lot of opportunities to deal with some of the things. Clearly,
Miami Beach and Hialeah are the ones that are getting the money. And I would ask that the Manager
prepare a report of the municipal funding over the last three years of the MPO so that it could be
distributed at the next meeting, because -- yes, uh-huh.
Carlos Gimenez (City Manager): Yes, sir.
134 9/28/00
40. AUTHORIZE MANAGER TO EXECUTE DEED CONVEYING TO CITY'S OMNI
COMMUNITY REDEVELOPMENT AGENCY THE LAND KNOWN AS NORTHEAST 20TH
STREET, LOCATED FROM MARGARET PACE PARK TO BISCAYNE BOULEVARD, FOR
PURPOSES OF INDUCING ECONOMIC DEVELOPMENT IN OMNI REDEVELOPMENT AREA.
Vice Chairman Gort: Johnny, Commissioner Winton.
Commissioner Winton: We have one more resolution, and it's about a -- relative to a development effort
in the Edgewater area. And you have -- each of you have in front of you both the resolution and this is a
rendering of a potential -- potential project in that area that could be absolutely dynamite for the area.
Now, what we're simply doing is moving a process forward. We're putting the wheels in motion to create
a process. We're not finalizing anything. But there are some time constraints on one side. or the other of
the buyer and seller agreement here. So we're trying to put a process forward that will expedite, if the two
parties want to use it. And that's all we're doing. So Dena, would you go into the details, please.
Dena Bianchino (Assistant City Manager): Yes. This is to facilitate the redevelopment of land, which
happens to be within the CRA (Community Redevelopment Agency) boundaries at Biscayne Boulevard
between Northeast 19th Street and 20th Terrace. It's from the boulevard all the way to the bay. It goes all
the way to Margaret Pace Park. It's a fairly sizable parcel. The intention here is to transfer a street that
we happen to own in the middle of this property, Northeast 201h Street. And by some circumstance, which
is abnormal, we own it in fee simple, which we don't usually own streets that way. So in order --
Usually, the neighboring property owners can agree, and you vacate the street. We can't do that in this
case. What we're recommending is that we exchange property with the developer, that we provide him
19,917 square feet of land, which is the street. He will then give back to us 8,070 square feet for the
construction of North Bayshore Boulevard where it's not open right now. So this will facilitate traffic all
along the bay, which is something we've been trying to do for a long time. In addition, to make up the
difference in value, the developer has agreed to spend a minimum of three hundred and fifty-five
thousand, four hundred and ten dollars ($355,410) for street improvements and other improvements that
could really create an entrance to the park that would be very nice. Those improvements would be
approved by the City and designed by the City if necessary. There are several restrictions and conditions
on this. One is that the project will have no more than 450 residential units; again, that the developer will
make the necessary street improvements; thirdly, that the project must obtain design review from our
Planning Department to make sure it's all what we all think it's going to be. And then once it's
transferred to the CRA, there's a clause, which is an automatic reverter clause that if the property has not
moved forward within two years of the date of the adoption of this resolution, the property automatically
reverts back to the City.
Commissioner Sanchez: Thirty days from being passed?
Ms. Bianchino: Alex, it's a resolution. Is it 30 days or it's now?
Alejandro Vilarello (City Attorney): The resolution is -- unless the Mayor vetoes it -- is 10 days.
Commissioner Sanchez: Ten days? OK.
Ms. Bianchino: OK. And then we are placing a height restriction on the property.
135 9/28/00
Commissioner Sanchez: What's the density?
Ms. Bianchino: It's 80 feet in height, and it's 450 units. I don't know what the units per acre is, but I do
know that they could build a significantly higher number of units on that property.
Commissioner Winton: Current -- by current zoning, they could build much more on here. That's the
reason this is so -- this project is exactly the kind of project that you would like to see in that area, to really
create a rebirth of that particular area.
Ms. Bianchino: That's right.
Mr. Vilarello: Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Vilarello: If I can just make a couple of points. One, this is a resolution authorizing the execution of
a deed to the Omni CRA. Any development that takes place on this property would have to go through
the normal development process. You are not making any decisions with regard to the development on
this parcel. The Omni CRA has certain rights and ability to enter into agreements of this nature which the
City Commission does not. So this is a deed to -- with restrictions to the Omni CRA.
Commissioner Sanchez: I'm prepared to move.
Vice Chairman Gort: OK.
Commissioner Sanchez: So move.
Commissioner Winton: And it's important to point out -- and we'll hear your comments -- it's important
to point out that we're simply moving a process forward. The buyer and seller in this particular instance
are not in total agreement at this particular moment, but we're trying to position ourselves such that should
they get into agreement again, then the City's got some processes in place that could allow the process to
move forward in a much quicker fashion.
Robert Mallow: May I speak, please?
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: OK. Discussion. Yes, sir.
Mr. Mallow: My name is Robert Mallow. I'm an attorney with the law firm of Zack Kosnitzky, , and we
represent the owner of the property, Hornblower Trust. One of the principals, Charles Mayer is here with
me. We suggest that it would be inappropriate, as moot and futile to have any decision, even a motion
made or a decision on the motion for the following reason: This developer and the catalyst behind this
136 9/28/00
resolution is a contract buyer under a contract with our client. This contract has. a conditional period
which ends on Saturday, either which they can terminate the contract or move forward in two different
ways. I was on the phone at 2:15 today with the contract counsel for the buyer -- their land use counsel is
here -- and the buyer, Mr. Marvin Finger of the Finger Development Company, who told me that if he
couldn't extract changes in the contract as to money and time, he's terminating the contract. The lawyer
who was on the conference call with me told me that he would be faxing me today a letter terminating the
contract. Five minutes after that, I received a call from the buyer's land use counsel, who is here today,
who told me that she would appear here to strike this from the agenda. Of course, we came anyway to
assure that it was either stricken or adjourned. So therefore, as far as I know, this contract is being
terminated. And therefore, we suggest that it be adjourned before any decision of any substance be made.
Thank you.
Vice Chairman Gort: Thank you, sir.
Commissioner Winton: Mr. Attorney, now, from my view, those comments are irrelevant to our process.
Joel Maxwell (Assistant City Attorney): That's correct, sir.
Commissioner Winton: So --
Mr. Maxwell: This is a question of whether or not you transfer the property to the CRA.
Vice Chairman Gort: To the CRA. There's a motion and there's a second. Is there any further
discussion?
Commissioner Sanchez: Call the question.
Vice Chairman Gort: Being none, all in favor, state it by.saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
137 9/28/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-843
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEED, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, CONTAINING RESTRICTIONS, CONDITIONS AND
CONTAINING A REVERTER PROVISION, CONVEYING TO THE
CITY OF MIAMI OMNI COMMUNITY REDEVELOPMENT
AGENCY THE LAND KNOWN AS NORTHEAST 20TH STREET,
MIAMI, FLORIDA, LOCATED FROM MARGARET PACE PARK TO
BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED HEREIN, SUCH CONVEYANCE FOR
PURPOSES OF INDUCING ECONOMIC DEVELOPMENT IN THE
OMNI REDEVELOPMENT AREA.
(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
138 9/28/00
•
•
41. DEFER CONSIDERATION OF ADOPTING RECOMMENDATIONS OF ORANGE BOWL
STEERING COMMITTEE.
Vice Chairman Gort: Any other items? District 3.
Commissioner Sanchez: Mr. Chairman, my Commissioner's item, I will go ahead and defer. I am waiting
for more information, financial information from the Orange Bowl, from the Manager's Office. I did
speak to Bob today, and he will provide me a spreadsheet with more information. I will ask that this be
placed in the next agenda meeting, which is on the -- the 9th? No. The 12th of October. Also, looking at
the calendar, in November, I think we're going to have a problem, because we're going to -- one of our
Commission meetings may fall on Thanksgiving. So we're going to -- First you got one on the 9th, and
then on the 23rd. So I ask that this item be placed on the, next agenda and I'll defer at this time.
Vice Chairman Gort: OK.
139 9/28/00
® 9
42. URGE COUNTY TO EXTEND AMNESTY PERIOD TO BRING ILLEGAL CONSTRUCTION
INTO COMPLIANCE UNTIL JULY 2001.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. The City Attorney is supposed to give me a
resolution asking the County to extend the amnesty period to bring illegal construction into compliance.
And this is until June of the year 2001. I think the City Attorney has it already. And the way it works,
first is that we have to express that to the County, lobby the County to do it, and then do it ourselves.
Right? Is that --
Alejandro Vilarello (City Attorney): Yes, Commissioner. And I believe the date is July 2001 that the
County has already extended the amnesty period. And unfortunately, we don't have the resolution
prepared in advance. However, you may pass it, and we'll prepare it as a result of your action.
Commissioner Regalado: OK. So I'll move it.
Vice Chairman Gort: Moved. And second, is there a second?
Mr. Vilarello: The request is to the County to please extend the amnesty period till July 2001.
Commissioner Regalado: OK.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
140 9/28/00
:7
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-844
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS
AND BUILDING OFFICIAL TO TAKE ALL STEPS NECESSARY TO
EXTEND THE AMNESTY PERIOD GRANTED PURSUANT TO
MIAMI-DADE COUNTY ORDINANCE (ORDINANCE NO. 97-107)
(THE "AMNESTY ORDINANCE") AND RESOLUTION NO. R-1455-
98 FOR BRINGING CONSTRUCTION, REPAIRS AND ADDITIONS
BUILT WITHOUT PROPER PERMITS, OR PERMITS WHICH
EXPIRED WITHOUT THE ISSUANCE OF CERTIFICATES OF
COMPLETION FROM OCTOBER 29, 1957 THROUGH JULY 1997,
INTO CONFORMANCE WITH THE PROVISIONS OF THE SOUTH
FLORIDA BUILDING CODE, FROM ENDING DECEMBER 31, 2000
TO NO EARLIER THAN JUNE 30,2001; 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 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
141 9/28/00
43. DISCUSSION CONCERNING STATUS REPORT ABOUT NET CHANNEL 9 SERIES
"MIAMI NEIGHBORHOODS" FILMS.
Vice Chairman Gort: If we don't have any more public -- why don't we reserve this, and I'll reserve mine
till after. Let's hear PZ (Planning and Zoning.)
Commissioner Regalado: I just have one item.
Vice Chairman Gort: OK.
Commissioner Regalado: And I'll be very brief.
Vice Chairman Gort: Go right ahead.
Commissioner Regalado: It's about the Net -9 series, "Miami's Neighborhoods." I just want to say on the
record, Mr. Manager, that I believe that you already received one check, a donation for a segregated
account. And that is in a segregated account. I just want to make sure.
Carlos Gimenez (City Manager): That's what I've instructed our Finance Director to do.
Commissioner Regalado: I'm sorry?
Vice Chairman Gort: I've instructed him to put it in a segregated account.
Commissioner Regalado: OK. So I'm sure that we have commitments from other entities to get more
donations for that series. So I would request to work -- the administration to start working in giving us
some ideas of the cost of filming, just filming some areas of the City that will be designated by the area
Commissioners. And then we'll know in the next meeting how to proceed. That's it.
Vice Chairman Gort: OK. Commissioner, also, I'll find out for sure how much I will have in surplus, and
I will also donate it to Channel 9.
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.
142 9/28/00
0
44. APPROVE OFFICIAL CLOSURE OF THE PUBLIC RIGHT-OF-WAY, PORTION OF
WESTERLY 70' OF SOUTHWEST TIGERTAIL COURT (Applicant(s): Debra and David Freedman
and Robert Mennis).
Vice Chairman Gort: OK. At this time, we'll go into the PZ (Planning and Zoning) items, and we have
PZ -1. Now, anyone and everyone that is going to testify in any Zoning item needs to stand up and be
sworn in. Anyone that's going to address this Commission in any of the Zoning items needs to stand up
and be sworn in. Mr. Clerk.
Note for the Record: AT THIS POINT, THE CITY CLERK ADMINISTERED OATH,
REQUIRED UNDER CITY CODE SECTION 62-1, TO THOSE PERSONS GIVING
TESTIMONY ON ZONING ISSUES.
Vice Chairman Gort: PZ -1.
Dena Bianchino (Assistant City Manager): This is a Public Works item.
Lourdes Slazyk (Assistant Director, Planning and Zoning): It's a street closure. It was recommended for
approval to the City Commission by the Zoning Board.
Vice Chairman Gort: And who are you?
Ms. Slazyk: Lourdes Slazyk, Assistant Director of Planning and Zoning.
Vice Chairman Gort: Thank you. Mr. Jackson, do you recommend?
John Jackson (Director, Public Works): Yes, I do.
Commissioner Teele: Is there opposition?
Vice Chairman Gort: Is anyone in opposition to item 1?
Commissioner Teele: So move, Mr. Chairman.
Commissioner Sanchez: Second.
Vice Chairman Gort: Further discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
143 9/28/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-845
A. RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC
RIGHT-OF-WAY, BEING THE PORTION OF THE WESTERLY 70'
OF SOUTHWEST TIGERTAIL COURT, MIAMI, FLORIDA, AS
LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED HERETO
AND MADE A PART HEREOF.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
144 9/28/00
45. GRANT SPECIAL EXCEPTION TO. ALLOW SURFACE PARKING WITH AN SD -12
OVERLAY FOR PROPERTIES LOCATED AT 2959 AND PORTION OF 2961 AVIATION AVENUE
(Applicant(s): Tyler House, LLC).
Vice Chairman Gort: PZ -2.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -2 is a special exception to allow surface
parking on a piece of property with an SD -12 overlay. It's located at 2959 and a portion of 2961 Aviation
Avenue. The property does have the SD -12 overlay. The Department recommends approval with
conditions, and Public Works has added a condition that replatting is required. It's recommended for
approval to the Commission by the Zoning Board. The Department's condition is that a new landscape
plan with specifications depicting a six-foot high evergreen hedge of approximately 35 linear feet to the
west from the proposed six-foot high masonry wall at the southwest corner of the parking be provided.
The way this one was specifically designed, because it abuts an R-1 single-family residential
neighborhood, it was designed that there would be single-family homes placed along that side to minimize
the impact of the parking. And then it was going to have the landscape buffer and the wall that's required
by the SD -12.
Commissioner Winton: Is there a time frame that the developer is required to build the two single-family
homes?
Ms. Slazyk: Well, they have to get the plans on -- they have to -- they can only build according to the
plans on file, and they have one year in which to get building permits. But there isn't a specific time
frame on the homes versus the parking, which comes first.
Commissioner Winton: They're all at the same time.
Ms. Slazyk: They're all at the same time is the way they're supposed to do it.
Commissioner Winton: Good. No parking lot first and then I'll build the homes later, right?
Ms. Slazyk: You could add that as a condition to make sure. I mean if you want it --
Commissioner Winton: I would love to have that condition.
Ms. Slazyk: -- very clear. OK.
Commissioner Winton: We don't want the parking lot built first, and then maybe the homes -- oh, I
forgot. Those. two single-family homes are very important there.
Ms. Slazyk: So the condition would be that the parking be built contiguous -- yeah, same time --
Commissioner Winton: Right, same time. I couldn't think of the other word, either.
Ms. Slazyk: -- as the two residential, two proposed residential unit.
145 9/28/00
11
Joel Maxwell (Assistant City Attorney): Contemporaneously.
Commissioner Winton: Contemporaneously, huh? OK.
Ms. Slazyk: Ooh, very good.
Commissioner Sanchez: Is there any opposition to this?
11
Commissioner Winton: I don't think -- I think this has been negotiated among the neighbors and
everybody for two years or more.
Ms. Slazyk: Yeah. There were several meetings with the neighbors. That was all --
Commissioner Winton: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. It's been moved and there's a second. Any further discussions? Anyone in
opposition to Item PZ -2? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-846
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING
BOARD, THEREBY GRANTING A SPECIAL EXCEPTION FROM
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF. DISTRICT
REGULATIONS, TO ALLOW SURFACE PARKING WITH SD -12
OVERLAY, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 2959 AND A PORTION OF 2961 AVIATION
AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT
A," ATTACHED HERETO AND MADE A PART HEREOF,
PURSUANT TO PLANS ON FILE, AND SUBJECT TO A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
146 9/28/00
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
147 9/28/00
\J
46. APPROVE CLASS II SPECIAL PERMIT NO. 00-0144 FOR PROPERTY LOCATED AT 100
NORTH BISCAYNE BOULEVARD FOR A SIGN OF GRAPHIC OR ARTISTIC VALUE (Applicant(s):
Eller Media for NWT Partners, Ltd. (owner).
Vice Chairman Gort: PZ -3. Request for Class II Special Permit.
Lourdes Slazyk (Assistant Director, Planning and Zoning): This is a Class II special permit that requires
City Commission approval for a mural with a commercial message. It's going to be located at 100 Biscayne
Boulevard, replacing the one that's there today. It was referred to the Urban Development Review Board,
and it was -- it was approved.
Commissioner Winton: So move.
Commissioner Teele: Second.
Ms. Slazyk: With the condition --
Vice Chairman Gort: It's been moved and seconded. Any discussion?
Commissioner Teele: With the condition.
Ms. Slazyk: With the condition.
Vice Chairman Gort: With the conditions set forth by the department. Is anyone in opposition to item PZ -
3. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
148 9/28/00
0
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-847
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE RECOMMENDATION OF THE DIRECTOR OF THE PLANNING
DEPARTMENT FOR ISSUANCE OF CLASS II SPECIAL PERMIT
APPLICATION NO. 00-0144, SUBJECT TO THE CONDITION THAT
THERE SHALL BE NO WRITING PERMITTED WITH THE MURAL
AND OTHER CONDITIONS AS RECOMMENDED BY THE
DEPARTMENT OF PLANNING, FOR THE PROPERTY LOCATED
AT APPROXIMATELY 100 NORTH BISCAYNE BOULEVARD,
MIAMI, FLORIDA, PURSUANT TO SECTION 401 OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, 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 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
149 9/28/00
47. GRANT APPEAL OF ZONING BOARD DECISION WHICH DENIED VARIANCE FROM
ORDINANCE 11000, THE CITY'S ZONING ORDINANCE, ARTICLE 6, SECTION 614.3.7.1, SD -14
OFF-STREET PARKING AND LOADING, TO, WAIVE 54 OF REQUIRED 434 PARKING SPACES
FOR PROPERTY LOCATED AT 185 NORTHWEST 13TH AVENUE (Applicant(s): Rayos Del Sol,
Inc.).
Vice Chairman Gort: PZ -4.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -4 is a request for a variance for the Rayos
Del Sol Project located at approximately 185 Northwest 13th Avenue. The request is for a 199 -unit
residential project, which requires 434 parking spaces. The request is to waive 54 of those by variance.
The department is recommending denial of this. The shortage of parking will mean that the parking will
be accommodated on the streets. It will further crowd the neighborhood. It's not consistent with the
vision for this area. You know, basically, the project is proposing all two- and three-bedroom units, and
the shortage of parking will become evident to the neighborhood, and it will give the neighborhood a
general appearance of bringing down the quality with the overcrowding. So we recommend denial. It was
also recommended denial by the Zoning Board.
Vice Chairman Gort: OK. Thank you. Yes, sir.
Mitchell Friedman: Good afternoon, members of the City Commission. My name is Mitchell Friedman.
I'm a principal with the Pinnacle Housing Group. With me today I also have one of my partners, Mr.
Michael Wohl. We are here today asking for a parking variance of 54 spaces. That's roughly 12 percent
of the development. Let me just kind of give you some of the reasons why we believe that this parking
variance ought to be supported by the Board. First of all, as you know, this particular property is located
in the heart of the Latin Quarter. The Latin Quarter is an urban area, trying to become more vibrant as we
speak. One of the interesting facts of the Latin Quarter is that there's a huge amount of public
transportation. And the Latin Quarter, as you know, is promoting a lot of pedestrian mobility, more public
transportation, less vehicular traffic. This particular development that we're proposing is really going to
be marketed to an elderly population. Historically, elderly populations, elderly developments have less
need for vehicles. More and more of those individuals and residents are dependent upon public
transportation. Because we're going to develop this as an affordable housing development, we're going to
be signing a land use restriction for 50 years, which means that for 50 years, we're going to be using and
marketing the same types of individuals. So this isn't like we're going to be asking you for a variance
today, and then in two years, we're going to "condominiumize" it and make it into a different type of
development where additional parking would be required. That simply will not be the case here. As you
probably are aware, affordable housing has restrictions to the number of adult persons who could live in
each of the units, as opposed to other types of developments where more adults could live. More adults
might mean more vehicles. In this particular case, that will not happen.
Vice Chairman Gort: Let me interrupt a minute. Are you one of the owners of the project?
Mr. Friedman: Yes., I am.
Vice Chairman Gort: OK.
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Commissioner Teele: While you're thinking, is there a covenant that you're offering or proffering that the
unit will only be used by elderly?
Mr. Friedman: No, it will not -- I am not covenanting that, sir.
Commissioner Teele: Or some percentage?
Mr. Friedman: I am not saying that, no.
Commissioner Teele: You're saying it --
Mr. Friedman: No. I am saying that it's going to be used --
Commissioner Teele: -- but you're not covenanting it.
Mr. Friedman: That is correct.
Commissioner Teele: All right.
Mr. Friedman: As part of the review process, we went before the Latin Quarter Review Board, and they
made substantial improvements to the development, some of those, which we'll go through in a few
minutes. One of the things that they asked us to do was to consider developing a pedestrian pathway,
which is an issue that's going to be heard before you later on the agenda, which staff is supporting. The
end result of the pedestrian pathway is a very good thing. But what it is going to do is it's forcing us to do
street level retail. Street level retail causes more activity. It would also increase the number of parking
spaces that we would have. .Increased parking spaces meant an additional burden of cost that we
otherwise wouldn't have had. Another issue that the Latin Quarter Review Board said is please try to
design this to obscure or mask the parking as much as possible. We'd like to see a nice tower, we'd like
to see some street level activity, but we don't want to see a garage, a large garage. Well, in order to try to
make the garage as small as possible, we're asking to have a variance today which would have the net
increase of reducing one whole floor, making the garage from five stories to four stories. If this variance
is granted, still understand that the number of parking, number of parking units per unit of parking spaces
will be almost two. That's two parking spaces for each unit. And lastly, please realize that there is
substantial precedent for this Board to grant this variance. In the last seven years, you're granted 27
parking variances to developments, five of those affordable housing developments. And with that, I
would ask your support in approving this parking variance. Thank you.
Vice Chairman Gort: Thank you. Anyone in opposition to this item? Anyone in opposition? I'll close
the public hearing. Yes, ma'am.
Ms. Slazyk: I just wanted to clarify. You said that there were two spaces per unit. That's not correct.
You have 199 units with 380 parking spaces. And the additional parking spaces required for the
commercial that you put on was only nine spaces, because the commercial is really -- it's 4,226 square
feet of commercial. It isn't an extensive amount of ground floor commercial. It's more accessory type
things. It's not like it's a major retail, you know, destination. It's really a very small amount. And all of
the units, all of them are two- and three -bedrooms. There are no one -bedroom units here. And so, you
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know, the 380 spaces for 199 units is not two per unit. And with all two- and three-bedroom units, we
believe that there will be a need for more parking.
Vice Chairman Gort: Thank you. OK. Whose district is this?
Commissioner Sanchez: It is in my district. And I am very familiar with the lot that they're looking at to.
put this project in. That is -- you're right, that is a low-income area. I think it's an area that a project such
as that one would definitely enhance the area and bring what I would love to see as quickly as possible, a
rebirth to that area. You know, taking into consideration that a lot of people there use transportation,
public busing. And in some of the buildings surrounding it, which I visited, you know, cars are parked out
on the street and stuff. I would move this item for approval.
Vice Chairman Gort: There's a motion to approve. Is there a second?
Commissioner Teele: Second for discussion. You're. moving to overrule the staff's objection?
Commissioner Sanchez: Yes, sir.
Commissioner Winton: And the --
Commissioner Teele: Huh?
Commissioner Sanchez: Yes, sir.
Commissioner Teele: And the -- what did the --
Commissioner Winton: And the Zoning Board.
Commissioner Sanchez: Well, the Zoning Board, it was five to four.
Joel Maxwell (Assistant City Attorney): The motion would be to reverse the decision of the Zoning Board
and thereby grant the variance. That would be -- if you wanted to go along with that.
Commissioner Teele: Did the Zoning -- Commissioner Sanchez is suggesting that the Zoning Board
supported that.
Mr. Maxwell: No, sir.
Commissioner Sanchez: No, they denied it five to four.
Mr. Maxwell: This is an appeal of the decision of the Zoning Board. They denied it.
Ms. Slazyk: By a five to four vote, they denied it.
Commissioner Winton: Mr. Chairman.
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Vice Chairman Gort: Yes.
Commissioner Winton: Mitch, Michael, why can't you put the additional parking in? And let me tell you,
from -- at least to where I'm coming from. You know, the argument that there has been significant
precedent over the past seven years in doing this kind of thing is an interesting argument only if that
policy was sound. But from my viewpoint, that policy was awful, because what we've got to focus on
from a policy standpoint here in the City is where we're going to be ten years from now; not where we've
been over the last five. And so everything we do today, we need to do with the consideration that. we're
making improvements to our City, so that when we wake up five and ten years from now, we look back
and say, "Wow, we did all the right things that have made our City now great." And every time we chip
away at these little pieces that compromise the greatness, . then we hurt ourselves as we move forward,
regardless of what the history may have looked like. So if we've made mistakes on parking in the past,
we shouldn't compound them by making more parking mistakes today. And while your argument is
reasonable that there is some significant public transportation in the neighborhood today, and that there is
a goodly number of elderly in the neighborhood today, we also know that within the City of Miami, and
particularly, frankly, East Little Havana, I think that we're going to see a lot of redevelopment within the
East Little Havana area over the course of the next 10 to 15 years, probably not unlike has happened in
lots of urban areas where you have fabulous architecture. So we would be making a grave error, as far as
I'm concerned, if we begin to chip away at those things that's going to make that neighborhood really
great. So I'm not enthusiastic at all about supporting the idea of reducing the amount of parking. I am,
however, as I've told you guys when I learned about this project, I guess when I first became a
Commissioner -- I mean, that's a neat looking project. That's exactly the kind of thing we want in the
neighborhood. I mean, it's fabulous. But we can't, we can't chip away greatly at those kind of corners,
and that's a pretty big chipping. And in addition to that, you all have got a number of square footage
bonuses for doing certain things, and those bonuses allowed you to add 16 units, which adds another 32
parking spaces. So if you got rid of the bonuses, there would be 32 less parking spaces you would need.
And the variance that you're requiring would be 22 instead of 54. So it kind of went -- you got the bonus,
and the parking went this way. And it seems to me if you get the bonus, then the parking ought to be
going that way. We ought to be working to close that gap. So I'll go back to the question I started with.
Why can't you put more parking on this .site so that we really make this thing work right for the whole
City and our community in the long run?
Commissioner Regalado: Mr. Chairman.
Commissioner Teele: Hold it. We got a --
Commissioner Regalado: Oh, I'm sorry.
Michael Wohl: Commissioner, let me try to handle that. I'm Michael Wohl, President of Pinnacle
Housing Group. Understand also that -- and I'm happy to report to the Commission today that it looks
like we've won our tax credits. This project will be in the ground probably in the second quarter of 19 --
of 2001. So we're talking about a project that is very viable. Under the tax credit scheme, however, we
will not get any compensation, whatsoever, for building 8,000 square feet of commercial property. We're
talking about eliminating a floor of our parking area and -- which impacts directly upon the economic
viability of this project. It's as simple as that. We believe, and our market feasibility studies have shown
that we are predominantly going to be servicing an elderly population. I think you can take notice of the
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fact that the population in Little Havana as it exists, who are living in substandard housing is
predominantly Hispanic elderly. We think that shopping is within walking distance of the area. Public
transportation is there. We're looking.-- we're looking for a reduction of 12 percent in parking, and it
really impacts dramatically the economic viability of the project. It's as simple as that.
Commissioner Winton: But if you have a vibrant community there and a vibrant retail community, the
retail component there is. going to make you additional money.
Mr. Wohl: We are -- this retail component is --
Commissioner Winton: More than residential may.
Mr. Wohl: This is not going to be pure retail. Under the local Latin Quarter Review Board Ordinance,
this is going to be what we call entertainment or cultural commercial. It's not -- it's -- we're planning on
having it be either a restaurant or art, or cultural -related retail.
Vice Chairman Gort: Commissioner Winton, let me tell you about the -- I know the area well. You have
a lot of -- there's no construction that has taken place in there in the last 10 to 15 years. And one of the
biggest problems is that the feasibility of more parking is making the developer being out of the area. In
the area, you have a lot of existing buildings that they don't have any parking at all, and they have lived
with it. At least parking is being provided there, and at least, we're seeing something being developed,
which it has not been developed in the last ten years. And correct me if I'm wrong, but I don't think
you've seen any development taking place in there. So for those reasons, I'd be willing to support.
Commissioner Regalado: If I may.
Vice Chairman Gort: Yes, Commissioner Regalado.
Commissioner Regalado: ,Mr. Chairman, just in theory, what Johnny is saying is the right thing, and it
should be the norm. But let me tell you, that area, those three blocks, those four or five blocks is crying
for something. And, you know, if it takes this to do it, you know, I'll do it, because, I mean, it's -- it's the
rebirth of the area. And like Chairman Gort said, if we go -- and we all have gone by that area -- there's
no construction been done, ever. So I think that this is a -- this is not a rule, but an.exception. It's sort of
a shock therapy situation for us. And I just wanted to say that.
Commissioner Sanchez: Mr. Chairman.
Commissioner Winton: Well, and frankly, if we don't compound the problem in the future, we don't get
killed. So I understand what you all are saying.
Commissioner Sanchez: Johnny, I agree with you 100 percent. But let me tell you, as the Commissioner
of that area, let me just say the area needs a jump-start. And, you know, for many, many years -- and the
City could tell you -- there has not been any major development in that area, none whatsoever. Zippo.
You know, if you look around the area, to put such a -- if you were to take it now, which is a parking lot
for a bank, and have this type of magnitude building put there, I think that it would start what I consider to
be an area that's going to blossom because of the surroundings that it's got. It's got Jackson. It's got
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downtown. It's got areas that people are going to move in. You know, I could sit back and say, well, you
know, you're right about the parking space. And many years will pass, and guess what? I don't think that
it would attract other developments. And I think the area can't wait any longer. It needs to -- you know,
and the project itself got great review from the Latin Quarter. They were all very ecstatic about the
project, you know. The people on the board expressed their appreciation for the project in the area. So,
you know, I -- sometimes as a Commissioner, you've got to compromise a little bit here. You know, if
it's got the support, fine. If it doesn't, I'll withdraw my motion. But as the Commissioner for that area,
that area is dying for some type of development, and good development. And that project is a good
development project.
Commissioner Teele: Let me --
Vice Chairman Gort: I'd like to add a little something to that.
Commissioner Teele: Let me do this, though. I want to withdraw my second on the project. I'm sure
Commissioner Regalado or somebody will second it. But I think I could be convinced to vote for this. I
try very hard to listen to the Commissioner that represents the district, even in those cases where the
Commissioners may not listen to me on my district. But the fact of the matter is I'm not comfortable
seconding something that relates to such a strong philosophical issue . that Commissioner Winton has
outlined. And he's 100 percent right. If the City has, in fact, granted 27 variances for parking, we've
probably been wrong a substantial part of that time. But I think, you know, the gentleman; the lawyer is
right, doing his homework and researching us. And it certainly gives us something to think about, that all
of our actions add up and that we have to be accountable to those actions. But that doesn't mean it's right.
I do agree with one comment and one thought that Commissioner Sanchez is making. Inner city
redevelopment is tough. It's tough. It's -- you know, Johnny, and I will tell you, I just hung up from one
of the foremost developers downtown in the state, trying to get ready for the budget hearing tonight, and
it's -- and he's talking about the problems in downtown Miami. But it's a lot harder in Little Havana, in
Wynwood, in Allapattah, in Overtown, Liberty City, Little Haiti than it is in that. And I think we have to
weigh those things. And this is not an easy case, particularly when the staff is recommending "no." And
you've got to assume that the staff is looking at all of these issues that we're talking about -- the difficulty
of developing in the inner City, the difficulty of developing in certain parcels. But I guess I could be
convinced to vote for this, particularly with the tax credits, and the fact that it is at least two parking
spaces -- or is it two parking spaces?
Commissioner Winton: It's close.
Commissioner Teele: And that's sort of where I am. Because the problem I have seen --
Commissioner Winton: It's close.
Ms. Slazyk: It's just shy.
Commissioner Teele: I have seen neighborhoods, I've seen neighborhoods where we get these one --
Vice Chairman Gort: Commissioner Teele, excuse me a minute. I keep hearing this rattling that takes
place every -- is there any special --
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Commissioner Sanchez: It's the mikes.
Commissioner Teele: It's the bug.
Vice Chairman Gort: The buzz? The bugs, is that what it is?
Commissioner Teele: The bug.
Vice Chairman Gort: OK, go ahead. I'm sorry. Go ahead.
Commissioner Regalado: The bugs. They interact when there is -- it's called "feedback."
Ms. Slazyk: Just to answer your question, the two bedrooms are doing one point five per unit. So they're
just shy of two.
Commissioner Teele: I'll tell you this: You know, sometimes, compromise is the better part of valor.
We've got tax credits involved in this. We've got the Commissioner representing the district. How many
parking spaces are there now?
Ms. Slazyk: The proposal right now is for 380 parking spaces, for a total -- with 199 units. And then
there's some commercial, and then there's visitor spaces that are required. So they wouldn't be providing
any of those.
Commissioner Teele: Is there any way you all can increase the number of parking spaces?
Mr. Friedman: There's obviously a way we can increase parking spaces, but we think that it's going to
affect the aesthetics. You're going to see a parking garage as opposed to what you see now,
Commissioner, if I could just point to the rendering here.
Commissioner Winton: Wow. That would be bad.
Vice Chairman Gort: Commissioner, let me tell you about my experience with the -- You have to speak
into the mike, sir.
Commissioner Teele: You have to speak into the mike.
Vice Chairman Gort: Sir, you have to speak into the mike. We had a project called Brickell West. It was
very successful. My experience with this affordable housing tax credit, I think half or three-fourths -- one
fourth to half of the parking is empty, because affordable housing, not everybody can have, everybody in
the family, like some other homes have, an automobile. And the retail in there, I can see it has a walk-in
retail. That's the type of retail look. I don't see people coming and driving to go into that retail.
Commissioner Winton: Could I make another comment?
Vice Chairman Gort: But wait. I need a second.
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Commissioner Regalado: Second.
Vice Chairman Gort: OK. Go ahead.
Commissioner Winton: I think, you know, you all know I feel strongly about my comments, and I think
that my comments are right. However, Commissioner Regalado's comments are just as right as mine.
And that is that -- that this isn't like going out and building in Kendall, where there's green grass. It is a
challenge for redevelopment and development in the City. And while we want to establish sound policies
and not bend from those very often, I think there is a certain amount of objective reality we have to put
into certain things here. The looks of that project is, from my viewpoint, outstanding. Adding a visible
garage in there makes the project not look nearly as outstanding. And I'll have to admit -- and I'll tell
you, I've never voted against a staff recommendation since I've been here. I haven't done that.
Commissioner Sanchez: Just for the record, neither have I.
Commissioner Winton: So I'm reluctant to do that, because I think we have real pros that sit at the staff
level, and they're doing the job we've asked them to do, and that's pay very careful attention to what
we're doing, because it does impact the future. However, the reason we sit here is to weigh all of these
issues. And the fact that we've got a terribly, terribly depressed neighborhood there that has had no
development, whatsoever in a long, long time, this is the kind of project that could potentially serve as at
least the beginning point, and maybe the catalyst for some new development in the area. I guess I'm --
and I hope that you all leave here and figure out a way to get some more parking, because I think that 12
percent is too much. And the more you get, the better. But I don't think that I'm going to block the -- I
don't think I'm going to vote "no" against this for all the reasons that each of the other Commissioners
have described here. This is a -- it's a tricky kind of deal, and compromise in this particular regard isn't
inappropriate. But I think also, there's another reason why you all want to look at the parking. You said
you're going to have to own this for 50 years. I will guarantee you today -- today, I'll put the money on
the table. The demographics of that neighborhood 10 years from now and 15 years from now will not be
the same demographics that we have today. And you all are going to be dealing with it. And I'm telling
you that if you don't have enough parking when the demographics change to the positive, you will hurt
your bottom line. So that's all I have to day.
Vice Chairman Gort: Let me ask a question. To be sure, the demographics might change. But my
understanding is as a tax credit, you cannot change your procedure of who you rent to, and it's got to be a
certain segment even if they change.
Commissioner Winton: But it doesn't mean they won't have cars then.
Vice Chairman Gort: OK.
Commissioner Sanchez: But just out of curiosity, how much is this going to generate for the City?
Mr. Wohl: It will improve the tax base approximately eighteen million dollars ($18,000,000).
Commissioner Sanchez: Call the question.
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• a.
Vice Chairman Gort: OK. Now, wait a minute. You wanted --
Mariano Cruz: I wasn't sworn in, so you can swear me in.
Vice Chairman Gort: OK. Would you swear Mr. Cruz in, please? Raise your right hand.
Walter Foeman (City Clerk): Raise your right hand, please.
Note for the Record: At this point, Mariano Cruz was duly sworn by the City Clerk.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. As a City resident and taxpayer of the City, I'd like
to know one thing. This building is going to be in the tax rolls?
Mr. Wohl: Yes, it is.
Mr. Cruz: Yeah. OK. So you go a little north of there, you got about five buildings in Little HUD
(Department of Housing and Urban Development) (inaudible) 1405, 1407, 1401, the Hadley (inaudible)
Tower and Martin Fine Tower and the Carr Four Tower is there. And all are Section 8. They don't pay
any taxes, and we service them. So and now --
Commissioner Winton: Would you slow down so I can understand you?
Mr. Cruz: OK. You know, but I think he gave me two minutes only, you know, so I got to compact them,
squeeze them, the two minutes. And remember now, San Juan Bosco got a new church there, the
neighborhood is getting. And also, I don't see -- you mentioned Brickell West. That's not South Beach. I
don't see Tommy Kramer or Jorge Perez coming there to invest now in that neighborhood. And here, you
can see they have headlines there, affordable housing crunch in Miami -Dade getting serious. Those are
not my words. Those are the paper's words. Yeah, it's. there. Miami Times, the other press, I read every
paper. I just happen to have this ammunition in my pocket. Thank you very much.
Vice Chairman Gort: Thank you, sir. OK. Any --
Commissioner Sanchez: Call the question.
Vice Chairman Gort: 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. 00-848
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), GRANTING THE APPEAL AND REVERSING
THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A
VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6,
SECTION 614.3.7.1, OFF-STREET PARKING AND LOADING, TO
WAIVE 54 OF THE REQUIRED 434 PARKING SPACES FOR THE
PROPERTY LOCATED AT APPROXIMATELY 185 NORTHWEST
13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED ON
EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF,
SUBJECT TO A .TIME FRAME OF TWELVE MONTHS IN WHICH
TO PULL A BUILDING PERMIT.
(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
Mr. Maxwell: The motion was to deny -- was to reverse the decision of the Zoning Board and grant the
variance.
Commissioner Sanchez: Yes.
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48. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR
PROPERTIES LOCATED AT 2450-2490 SOUTHWEST 7TH STREET AND 703 SOUTHWEST 25TH
AVENUE FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL" (Applicant(s): El Dorado Enterprises, Inc., MC Property Mgmt., Inc. and CEC
Investment Corp.).
Dena Bianchino (Assistant City Manager): Item 5 is the item that the community asked to be heard after 6
o'clock.
Commissioner Regalado: Seven.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Six was also one we continued to November,
so we'll move on to 7. PZ's-7 and 8 are companion second reading items for zoning and land use change
for the El Dorado property at approximately 2450, 2460, 2468, 2488, 2490 Southwest 7tH Street, and 703
Southwest 25th Avenue. The Department recommends for approval. It was . also recommended for
approval by the Planning Advisory Board and the Zoning Board.
Vice Chairman Gort: OK. Thank you.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Joel Maxwell (Assistant City Attorney): It's an ordinance.
Commissioner Sanchez: It's second reading. It's an ordinance.
Vice Chairman Gort: It's an ordinance. It's second reading. Is anyone in opposition to Item PZ -7? Is
anyone in opposition to Item PZ -7? Being none, close the public hearing and read the ordinance.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
160 9/28/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 2450, 2460, 2468, 2488 AND 2490 SOUTHWEST
SEVENTH STREET AND 703 SOUTHWEST 25TH AVENUE, MIAMI,
FLORIDA, FROM MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading, by title, at the meeting of July 27, 2000, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Winton, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted- by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11965.
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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i
49. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, THE CITY'S ZONING
ORDINANCE, BY AMENDING ZONING DESIGNATION FOR PROPERTIES LOCATED AT 2450-
2490 SOUTHWEST 7TH STREET AND 703 SOUTHWEST 25TH AVENUE FROM R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND SD -12 BUFFER OVERLY DISTRICT TO
�C-1 RESTRICTED COMMERCIAL (Applicant(s): El Dorado Enterprises, Inc., MC Property Mgmt.,
Inc. and CEC Investment Corp.).
Vice Chairman Gort: PZ -8, companion item.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Anyone in opposition to Item PZ -8? Anyone in opposition to
Item PZ -8? Being none, 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.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING PAGE NO. 34 OF THE ZONING
ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM R-
3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND SD -12
BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY (I) 2450-2490 SOUTHWEST 7TH STREET, AND
(II) 703 SOUTHWEST 25TH AVENUE, MIAMI, FLORIDA;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; .AND PROVIDING FOR AN EFFECTIVE DATE.
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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 Winton,
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11966.
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.
Vice Chairman Gort: Thank you.
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•
50. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, THE CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR
PROPERTIES LOCATED AT 1900-1902 AND 1910 SOUTHWEST 7TH STREET AND 710
SOUTHWEST 19' H AVENUE FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL" (Applicant(s): Washington Mutual, F.A., Emilio Lopez and Fernando
Alfonso).
Vice Chairman Gort: PZ -9.
Commissioner Winton: Move it.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Thank you. PZ -9 --
Commissioner Teele: Second.
Ms. Slazyk: --and 10 are companions.
Commissioner Teele: Moved and seconded.
Vice Chairman Gort: It's been moved and seconded. Any further --
Ms. Slazyk: It's recommended for approval.
Vice Chairman Gort: Any further discussion? It's recommended for approval. Is there anyone who
would like to address PZ -9? OK.
Commissioner Sanchez: Read the ordinance.
Vice Chairman Gort: Read the ordinance.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
164 9/28/00
•
An Ordinance entitled —
•
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 1900-1902 AND 1910 SOUTHWEST 7TH STREET
AND 710 SOUTHWEST 19TH AVENUE, MIAMI, FLORIDA, FROM
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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
165 9/28/00
0
51. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, THE CITY'S ZONING
ORDINANCE, BY AMENDING ZONING DESIGNATION FOR PROPERTIES LOCATED AT 1900-
1902 AND 1910 SOUTHWEST SEVENTH STREET AND 710 SOUTHWEST 19TH AVENUE FROM
R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL
(Applicant(s)' Washington Mutual, F.A., Emilio Lopez and Fernando Alfonso).
Vice Chairman Gort: PZ -10.
Commissioner Winton: Companion.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Companion.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. It's the companion item.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been seconded. Any discussion? Being none, anyone in the public who would
like to address PZ -10? Anyone in the public who would like to address PZ -10? Show no one comes
forward. Would you 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.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING PAGE NO. 34 OF THE ZONING
ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-
3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 1900-1902 AND 1910 SOUTHWEST
SEVENTH STREET AND 71.0 SOUTHWEST 19TH AVENUE, MIAMI,
FLORIDA, LEGALLY DESCRIBED IN ATTACHED EXHIBIT "A";
CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
166 9/28/00
•
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
Vice Chairman Gort: Thank you.
Unidentified Speaker: Thank you very much.
167 9/28/00
52. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, THE CITY'S ZONING
ORDINANCE, BY AMENDING ZONING DESIGNATION FOR PROPERTIES LOCATED AT 5061-
5075 BISCAYNE BOULEVARD FROM O OFFICE WITH SD -9 OVERLAY DISTRICT TO C-1
RESTRICTED COMMERCIAL WITH SD -9 OVERLAY DISTRICT (Applicant(s): Fiftystreet
Investment, LLC).
Vice Chairman Gort: PZ -11. Great presentation.
Unidentified Speaker: Thank you. I worked hard on it.
Commissioner Winton: Move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: PZ -11 has been moved and seconded.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Approval.
Commissioner Sanchez: Thank God they don't charge you by the hour.
Joel Maxwell (Assistant City Attorney): Close the public hearing?
Vice Chairman Gort: Anyone to speak on PZ -11? Anyone to address PZ -11? Being none, we'll close the
public hearing.
Note for the Record:
record by title only.
The Assistant City Attorney read the pending ordinance into the public
Vice Chairman Gort: Roll call.
a
168 9/28/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 5061-5075 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, FROM OFFICE TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
169 9/28/00
•
CJ
53. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, THE CITY'S ZONING
ORDINANCE, BY AMENDING ZONING DESIGNATION FOR PROPERTIES LOCATED AT 5061-
5075 BISCAYNE BOULEVARD FROM O OFFICE WITH SD -9 OVERLAY DISTRICT TO C-1
RESTRICTED COMMERCIAL WITH SD -09 OVERLAY DISTRICT (Applicant(s): Fiftystreet
Investment, LLC).
Vice Chairman Gort: PZ -12. .
Lourdes Slazyk (Assistant Director, Planning and Zoning): companion.
Commissioner Winton: Move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Anyone who would like to
address PZ -12?
Commissioner Winton: In opposition.
Vice Chairman Gort: Thank you. Read the ordinance.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
170 9/28/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING PAGE NO. ' 15 OF THE ZONING
ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM O
OFFICE WITH SD -9 OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL WITH SD -9 OVERLAY DISTRICT FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 5061-5075
BISCAYNE BOULEVARD, MIAMI, FLORIDA, LEGALLY
DESCRIBED ON ATTACHED EXHIBIT "A"; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Winton: Get it built.
171 9/28/00
54. SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN ORDINANCE
11000, THE CITY'S ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM C-1 RESTRICTED COMMERCIAL AND SD -14 LATIN QUARTER
COMMERCIAL -RESIDENTIAL DISTRICT TO C-1 RESTRICTED COMMERCIAL AND SD -14
LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICT, PRIMARY PEDESTRIAN
PATHWAY FOR PROPERTY LOCATED AT 185 NORTHWEST 13" AVENUE (Applicant(s): Rayos
Del Sol, Inc.)
Vice Chairman Gort: PZ -13. It's a second reading, and it's a companion item to the 13th Avenue we just
heard a little while ago.
Commissioner Sanchez: So move.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Is there anyone in the public who would like to discuss Item
13, second reading? Being none, we'll close the public hearing. Read the ordinance.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Call the question.
172 9/28/00
CJ
An Ordinance entitled —
•
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING PAGE NO. 35 OF THE ZONING
ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-
1 RESTRICTED COMMERCIAL AND SD -14 LATIN QUARTER
COMMERCIAL -RESIDENTIAL DISTRICT TO, ADD THE PRIMARY
PEDESTRIAN PATHWAY DESIGNATION TO THE SD -14
OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT
APPROXIMATELY 185 NORTHWEST 13TH AVENUE; MIAMI,
FLORIDA; 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 L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11967
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.
Vice Chairman Gort: OK. That closes the public hearing on PZ's. We'll go -- if you'd give us a -- we're
going.to take a short five minute recess and come right back.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 5:07 P.M. AND
RECONVENED AT 5:22 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING VICE CHAIRMAN GORT, FOUND TO BE PRESENT.
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.
173 9/28/00
55. (A) DISCUSS CITY OF MIAMI BUDGET -- HIRING LOCAL BLACK VENDORS, SOLE
SOURCE BIDS, DRUGS, CRIME, INFRASTRUCTURE PROBLEMS, GARBAGE,
NEIGHBORHOODS, POLICE FIRST SERGEANT POSITION, PARKING SURCHARGE.
(B) SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL
LIMITS FOR CITY FOR PURPOSE OF TAXATION; FIX MILLAGE AND LEVY TAXES IN CITY,
FOR FISCAL YEAR 2000-2001 (See #57).
(C) DIRECT MANAGER TO MEET WITH NET, COMMUNITY DEVELOPMENT,
PLANNING AND OTHER APPROPRIATE DEPARTMENTS, ALONG WITH HOMEOWNERS
ASSOCIATION OF AREA BOUNDED BY NORTHWEST 46TH TO 30TH STREETS FROM 16TH TO
18" AVENUES TO ADDRESS CONCERNS DISCUSSED BY MR. HERSCHEL HAYNES TODAY.
(D) DIRECT MANAGER TO HIRE OUTSIDE CONSULTANT TO ANALYZE BUDGET
OF POLICE AND FIRE DEPARTMENTS RELATED TO PRODUCTIVITY, SAVINGS, SERVICES,
EFFICIENCY; STUDY TO BE PAID FROM STRATEGIC RESERVE FUNDS OF FIRE
DEPARTMENT; REQUEST CHIEF OF POLICE TO DETERMINE WHETHER LAW
ENFORCEMENT TRUST FUNDS CAN BE USED TO PAY FOR STUDY.
Mayor Carollo: On the agenda, on the proposed general operating millage rate for the City of Miami for
next fiscal year. And all of you boys and girls that are here today welcome. I'm glad to see you here.
Thanks for coming.
Mayor Carollo: Mr. City Attorney.
Alejandro Vilarello (City Attorney):
Yes, sir.
Mayor Carollo: Could you make the announcement of the millage rate for this next fiscal year?
Mr. Vilarello: Linda, do you want to give the millage rate or not?
Linda Haskins (Director, Budget): Hi. Linda Haskins, Budget Director. 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 30, 2001 is point -o -four -seven -eight percent (.0478%) below the
rollback rate of eight point nine nine nine three (8.9993).
Mayor Carollo: OK. Thank you very much. Anyone from the public that is here that would like to
address this Commission on the millage rate could, and would you please go up to the Clerk and give him
your name. This is on the millage rate for the budget. It would be after we're done with the millage rate.
OK. The first name that I have is Mariano Cruz.
Mariano Cruz: OK. Mariano Cruz, 1227 Northwest 26`h Street. On the millage rate, I am opposed to the
millage. I think that the millage should be up to ten points, ten mills. You know why? Because the ten
mills would be on the ad valorem tax. That's something that I can go, according to the -- I can go and
protest. I can go to the County Property Appraiser or the Value Adjustment Board and protest my
assessment. But on the fees, I cannot go to anyplace to protest the fees. You know, they're raised to 40
percent on the garbage fee. And that's wrong, because nobody gets a break there, unless you -- You get a
break on the mill if you own over a two hundred thousand dollar ($200,000) home, because that will give
174 9/28/00
you a hundred dollars ($100) there. At four hundred thousand dollars ($400,000), you get a break of two
hundred dollars ($200). But me, the only break I get in the millage is nine point thirty-seven, nine dollars
and thirty-seven cents ($9.37). Because I get 18, only eighteen thousand seven taxable value of my house.
But I get ninety-one dollars ($91) increase on my garbage fee, which is 40 percent. And I don't produce
any garbage. And I pay the same amount of three hundred and twenty-five dollars ($325) that the Stallone
estate will produce, or any of these big houses in the Grove that got so many parties, and so many shows
and that. I don't produce any trash. I say the millage should be up to ten, because what they're doing
here, the Finance and the Budget, is a shell game what they're doing. Because also, how much are the cash
reserves of the City? Why do we need all these fees, whatever we're having now? Because that's abusive
when we have the fourth poorest City in the United States. Think of that. And use the money you got in
reserve and eliminate the fees. Thank you.
Mayor Carollo: OK. Next, we have Mr. Phillip Thomas. And it's going to be two minutes per person.
Thank you, Mr. Thomas.
Phillip Thomas: Honorable Mayor and Commissioners, I appeared at the original meeting two weeks ago
tonight and asked some questions which were not answered satisfactorily to me concerning the great
increase in the fire assessment on commercial properties. It was held the same on residential properties
and increased on property that I own in the City of Miami, a small shopping center, by 47 percent.
Promptly after that meeting, I attempted to call the City Attorney, and to his credit, he called me back
several times. We finally made connection. And I wrote a very brief letter to him with my questions,
which I readdressed to the Commission today. In previous years, the City charged a Fire -Rescue non -ad
valorem assessment on most properties. There was an ordinance that established such assessments.
Commissioner Teele:. Excuse me. Excuse me just one minute. Mr. Mayor.
Mayor Carollo: I understand. He's addressing the fire fee when it's --
Commissioner Teele: I mean, it's -- it's fine, and I don't have a problem with it at all. But I just think we
need to make sure that we don't allow -- I mean, he's here and we all should entertain him. But I think we
should limit this phase to the millage.
Mayor Carollo: It's for the millage. This should be addressing the budget.
Commissioner Teele: And then immediately after the millage, we take up the fees and all of that.
Mr. Thomas: Mr. Teele, I'm requesting as part of my address the reduction of the millage, to reduce the
millage by the amount that the fire assessment has been increased on commercial properties. I think I'm
in order.
Commissioner Teele: I didn't question you being in order.
Mr. Thomas: OK. Anyway, it appears that this ordinance was changed so that the verbiage on the budget
simply says "fire." It does not say "fire -rescue," as it did in previous years. The ordinance was changed.
Is it permissible to change the name of the ordinance without a public hearing? I addressed this letter by
fax and in the mail to Mr. Vilarello on .the 19th of September. I called this morning to see why I had not
175 9/28/00
received a reply, and I could not reach Mr. Vilarello. He's a busy man, but his secretary said that they just
hadn't had time to get around to my letter. The second item that I requested, when the emergency medical
service portion of the assessment was dropped and the burden shifted over to fire only, was there a public
hearing that made this change and was properly voted on by the Commission? Number three, was there a
public hearing when the apportionment of fees between fire and emergency management service was
changed? And if not, should there have been? And number four, and finally, whose decision was it to
change the apportionment? And I asked for a copy of the study of the apportionment on the 19th of
September, and learned this morning I was not going to get it because they were too busy and just couldn't
get around to it, or it was not available, for whatever reason. I don't think that this is a satisfactory way of
conducting the business of the City of Miami. And I'm going to address my question to Mr. Winton,
whose district represents a great deal of the commercial property in the City of Miami, _and ask him to
move that the increase in assessment on commercial properties be reduced to the same amount as last
year, because I just don't think what we have done is fair. I don't know about it's legality, but I just
addressed it to the people of the City of Miami. If this is the way the City conducts its business, it's a big,
big, big disappointment. And I think you elected gentlemen should look to your administration for
nonfeasance in the request, a legitimate request from significant property owners and taxpayers for a
request of information important to them in this issue.
Mayor Carollo: OK. Next speaker is Bob Flanders. Bob, how are you?
Robert Flanders: Very well, thank you, Mr. Mayor. I'm here as a member of the Parks Advisory Board.
And I believe what I have to say does -- it could affect the millage rate. I'm very proud to be
Commissioner Winton's appointee. It's a privilege to work with the City of Miami to improve its parks
system. Number one, every park in the City of Miami has a constituency base. We just need to energize
it. What Commissioner Winton said earlier today about have we looked ahead five years or ten years?
Do we know where we want to be? Well, as far as the.Parks Department goes, the board has found out,
no, we don't have a plan. So the Advisory Board is going to produce a master plan. We won't reinvent
the wheel. We'll look at other metropolitan areas that have successful parks systems, and we will be able
to make suggestions. But there's something we can do right now. Two things. Number one, it's too late,
really, to change the budget this year. But what took years to incrementally dismantle, we can
incrementally improve, and that's by simply adding five or ten percent into the Parks budget every year.
Number two -- and this one, gentlemen, is self -paying -- we found out that the Parks Department doesn't
have a grants writer. Every one of you know how successful grants can be in terms of capital
improvement. Mr. Ruder told us last night that a grants writer position costs us about fifty-four thousand,
plus burden expenses. If we bring on a grants writer, that grants writer can be funded out of the grants that
he or she writes. And Mr. Ruder said that that grants writer easily, within 12 months, could multiply what
he costs or she costs by ten times. So we'd like to make a suggestion. And again, I don't know if it
changes the millage rate, but we would highly encourage you gentlemen to consider hiring a grants writer
this year and plant the seed for the incremental increases next year. Thank you.
Mayor Carollo: Thank you, Bob. Thank you. Anybody else that would like to address this body on the
millage rate? OK. Hearing no one else, then the portion of the public hearing on this issue will be closed
now. Next will be actions by the Commission.
Commissioner Teele: Mr. Chairman.
176 9/28/00
Mayor Carollo: Mr. Commissioner.
Commissioner Teele: Before we close this, could we request the Attorney to at least respond in some
ways to the concerns that have been stated by the distinguished citizen of our community?
Mr. Vilarello: If I may. The gentleman did, in fact, contact me immediately after the last Commission
meeting where this item was discussed, and I did receive his correspondence. Due to a clerical error in my
office, we did not get a response out to him. I can, in fact, respond to his inquiry. The ordinance that
established the fire -rescue assessment procedure did have that title. However, it was subject to annual
assessment resolutions of this body. And this year's annual assessment resolution was related only to fire
assessments and not rescue. So there was no amendment to the ordinance, and there was not a required
amendment to the ordinance. With regard to the question about public hearings, in fact, there were two
public hearings on this item. In July, July 27th of this year and September 14th, there were public hearings
on this item. The July 27th hearing, in fact, set up the procedure for the public hearing of September 14th,
where notice was delivered to every taxpayer in the City. And with regard to the apportionment study, I
apologize. That has been delivered to Mr. Thomas. I understand that he does not have a reasonable
opportunity right now to review it and comment on it. It was just now delivered to him, and my apologies
to him on that regard.
Vice Chairman Gort: The question on the assessment.
Mr. Vilarello: Pardon me?
Vice Chairman Gort: The assessed value, which -- is that determined by us?
Mr. Vilarello: I'm not sure -- The fire assessment is not based on the assessed value of any property. The
fire assessment is based on the benefit to each parcel of property. And it's apportioned based on fire
services provided to the property. The apportionment study makes a computation of our fire calls as they
are apportioned between residential properties and commercial properties. And that is the very basis for
the differential in the fire assessment against residential and commercial properties.
Commissioner Teele: It was my understanding that the gentleman asked that the assessment for the
property this year be the same as last year. Was that -- is that a fair statement?
Vice Chairman Gort: That was the question, yes.
Commissioner Teele: That the assessment for the property be the same as last year?
Commissioner Sanchez: Commercial property.
Mr. Thomas: May I speak?
Mr. Vilarello: Mr. Mayor, if I can. The issue, obviously -- and I think. Commissioner Teele correctly
pointed out -- before you is the millage rate. The fire assessment, in fact, was adopted at your September
14th hearing. That item is not before you today, nor will it come before you in the balance of the agenda.
That fee has been established for the year, and the tax collector was required to receive that notice by
177 9/28/00
September 15th. In fact, that has taken place. And the decision on the fire assessment was completed by
the City Commission on September 14th
Mayor Carollo: OK. Any additional questions, statements from the members of this Commission?
Mr. Thomas: Mr. Mayor, I received this apportionment study, which I requested a long time ago. And I
just don't think it's fair for myself, as a substantial property owner, to receive it at this hearing, without
the opportunity to study it, particularly since I requested it two weeks ago. I just think that this is a terrible
case of miscarriage of judgment on the part of the administration of this City. And if you gentlemen don't
take this into account somehow, I think you are whitewashing what your administration is running through
and ramroding through. You've heard all the complaints about this fire -rescue fee now, which was
supposed to be replaced by the parking fee, but is not. But anyway, I just think this is a miscarriage of
fairness on the part of the administration. And if you gentlemen allow it to continue, it's a miscarriage on
your part of your governance of the City administration.
Mr. Vilarello: Mr. Mayor.
Mayor Carollo: We heard --
Mr. Vilarello: If I may. It is correct that Mr. Thomas did ask for that apportionment study from me, and I
did not provide it to him till.today. However, the apportionment study was, in fact, completed before you
considered this July 27th, and, in fact, was completed before you again considered it September 14th. So I
did apologize for not getting it to him today, but, in fact, it was ready and available and available to the
public before July 27th of this year.
Mayor Carollo: Is there anything that we have done here that is not following every legal process that's
required of us?
Mr. Vilarello: We -- no, Mr. Mayor.
Mayor Carollo: Now, that's all that we need to know.
Commissioner Teele: Next case.
Mayor Carollo: Commissioner Teele would you like to say anything else?
Commissioner Teele: No, sir. No. Next case.
Mayor Carollo: OK. Anyone else? Commissioner Winton?
Commissioner Winton: Well, I feel that since he asked me a direct question, I should respond.
Mayor Carollo: Go ahead.
Commissioner Winton: I'm a major property owner downtown. So the fire fee, which philosophically,
I've never been in favor of, the parking tax, which philosophically, I've never been in favor of; the
178 9/28/00
•
supplemental waste fee, which philosophically, I've never been in favor of -- I'm not in favor of any of
these fees. And I'm a major property owner downtown. But I also, from a policy standpoint, have a
responsibility to the entire City, not just to my particular property; to do what I think is in the best interest
of our City. And the administration didn't ramrod anything down my throat. I've paid attention to the
process of this budget. I've paid attention to the parts. of the budget that I don't like. I've thought about
the different ways to attack this problem. And the fact of the matter is that this City was a City three years
ago nearly bankrupt. And the other fact of the matter is that this City, today, is light-years ahead of where
it was three years ago from a financial situation. And if we continue to do what I think are some of the
right things -- And I voted in favor of this budget, as many parts of it as I didn't like, because I felt that
without those revenue sources, specifically that we couldn't get any of the things done that these residents
all demand of us to make our parks better, and our streets better, and our sidewalks better, and all of those
kinds of demands that I get every single time I sit up here. So if you want to point a finger, point the
finger at me. Don't point the finger at them. I am the elected official. I've made the decision. I am
comfortable with my decision. I am going todefend my position and my decision. And in three more
years -- that's considering I get -- in three more years, you all will have an opportunity to vote on someone
else. And maybe that somebody else will do a much better job than I have done in my four years there.
And that's fine. But today, I am comfortable with that decision, and I am not blaming the administration
for my decision. I have made that decision, and I am comfortable with it. Now, that said, I'm still not in
favor of any of these darned fees. I hate them. I think they're really bad policy. But they were the only
tools -- I can't think of any other tools that -- If I could have thought of tools to replace these things, I
would have already done it. So what I am pushing for is a continued major thrust to rebuild our entire
City that spreads the tax base far and wide that creates wealth throughout all of our neighborhoods. That
drives the tax base up. That spreads the tax base in our City, and it will allow us to get rid of these fees.
And when we're in a position to do that, when we've rebuilt our infrastructure so that you can get good
quality tenants in all of your properties, when we've finished rebuilding the infrastructure in this City,
then I am going to be the first one to stand up here and demand that we get rid of the fire fee, and the
parking tax and all these other dumb fees that we have to have right now. But today, I can't demand it,
because except for the millage rate thing -- And there is an interesting philosophical balance there, and
your points aren't irrational. They're rational points. But I wasn't in favor of sticking to the ten mill cap.
And the reason that I wasn't in favor of sticking to the ten mill cap is I believe strongly that we needed to
create a cushion so that we can get back to the bonding agencies, get our bond rating upgraded so that we
can issue bonds again, and it's bond -ability that will allow us to rebuild our infrastructure. So I thought
about this long and hard before I made my decision, and that's where I am.
Mayor Carollo: All right. Anyone else who would like to say anything on the millage from the
Commission? And I need a motion either to --
Commissioner Sanchez: So move to approve.
Commissioner Winton: So move.
Mayor Carollo: It's been moved by --
Commissioner Winton: Second.
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Mayor Carollo: -- Commissioner Sanchez; seconded by Commissioner Winton. I need the entire millage
ordinance to be read.
Mr. Vilarello: Prior to reading the title of the ordinance, the millage rate is eight point nine nine five -o
(8.9950). That is below the rollback by point o -five percent (.05%).
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Mayor Carollo: 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.
passed on its first reading, by title, at the meeting of September 14, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Winton, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11968.
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.
Mayor Carollo: It passes unanimously. We are now in the --
Commissioner Sanchez: Mr. Chairman, I think it's important to note that that, is the lowest millage we
have had in this City in some 50 some years. I think the people need to know that.
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Mayor Carollo: The total millage rate, the lowest total millage rate that we have had. OK. Now, for the
taking up of the final budget, I have a list of several people who would like to speak, also. Begin with --
Mr. Vilarello: Oh, you've got a list.
Mayor Carollo: -- Manuel Gonzalez.
Manuel Gonzalez-Goenaga: Good afternoon.
Commissioner Sanchez: Speaking on behalf of the budget, Mr. Gonzalez?
Mr. Gonzalez-Goenaga: As to what?
Commissioner Sanchez: Speaking on behalf of the budget?
Mayor Carollo: Budget, on the budget.
Mr. Gonzalez-Goenaga: Oh, the budget in general.
Mayor Carollo: Strictly the budget.
Mr. Gonzalez-Goenaga: I wanted to be the last to try to say something that has not been said before, if
you don't mind.
Mayor Carollo: The first will be the last.
Mr. Gonzalez-Goenaga: Right. That's according to the Gospel. But I -- I am -- Well, think wrong and
you'll be right here in Miami. And for these young kids, I congratulate you, because you had the courage
to be here today. I hear that plenty of people in the Hispanic radio stations complain every day, every
night, and at all times about the budget. But when they have the opportunity to come here, they don't
even show up. So if you raise the fees, God bless you. The more, the better, up until there is a Miami tea
party. And the way this is going, there is not going to be a Miami tea party. Thank you very much. And
then my last message is in my answering machine. I am not going to say it here. If you want, you don't
have to go through the Internet. It's 643-6149. Thank you very much. The Internet is Boom -Boom dot
com.
Mayor Carollo: Edy Laraque. I'm sorry if I mispronounced your name, sir.
Edy Laraque: Edy Laraque, 3 Northeast 75th Street. I was here last week, last time, and the Mayor was
talking to everybody about the garbage fee. Unfortunately, Mr. Mayor, what you said is half of the truth.
When you say this is what you pay in the City of Miami, what you pay in the other cities, you forget to say
you pay once in the other cities. You have to give the same list to everybody in the City, saying this is the
cost to replace windows, do windows in the City of Miami, because you get garbage fee, two hundred and
eight. And this is the cost to repair the same window in Coral Gables, forty-five bucks instead of two -o -
eight. The same windows in Miami Springs, sixty-five; Miami Shores, sixty-two. This is the reality.
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Because you're paying charges again and again and again in the City of Miami. So you have to tell all the
truth, Mr. Mayor. Second --
Mayor Carollo: What -- I'm sorry; I'll give you some extra time for me interrupting you. What are those
fees that you were talking about? I didn't understand.
Mr.. Laraque: Garbage, garbage.
Commissioner Winton: No, it's the construction debris removal fee is specifically what he's talking
about.
Commissioner Sanchez: Construction debris removal fee.
Mayor Carollo: Oh, OK. That --
Mr. Laraque: When you're taking a permit, you're paying the same fees again.
Mayor Carollo: That's different then. That's for a building permit. It's for a building permit. It's
different.
Mr. Laraque: And it's like paying two, three, four times, because as a contractor, I pay for my dumpster.
Because I pay my dumpster 400 bucks, they pay you. And also, the owner pays for garbage fee. And I
got to pay for my dumpster, and I pay again in my permit. You have to say that. This is the truth, Mr.
Mayor. OK. Second thing I want to talk -- I'm sorry. May I continue?
Mayor Carollo: Give him a little more time.
Mr. Laraque: OK. Thank you very much. OK. You also said the garbage collection system in Miami is
a Cadillac. Come on. It's not a Cadillac for me. This system make my street like a battle field. You got
holes all over the City. What Cadillac is that? Come on. You have property damage. You create
accidents. That cost the City about one million, only to replace all the property damage this garbage
collection system is making to the City. You have -- I dare you to do this -- to make tomorrow or the next
election, go to the population. Ask them two alternatives. The first alternative is this: Reduce taxes and
you're going to have the same service like any other city, meaning that you're not going to replace, you're
not going to dig the street. However, you're going to do like in the City, other cities like in Dade County.
This is your first alternative. You paying less tax. The second alternative: Keep the same system, pay
three times more tax and then have holes to create potholes and having problems with water problem in
your street. I dare you. Everybody will say, "We want to pay less taxes, and we don't mind bringing" -- I
don't mind, people don't mind brining the garbage to replace, to save money, to get better environment, to
stop to have water in the streets. People will say, "I don't want your Cadillact, Mr. Mayor. We prefer to
have the Volkswagen, because the Volkswagen is better, it's much cheaper, it's better. And also, it's
going to be less expensive for the City." The City has to find ways to cut expenses. This is one of the
ways. Listen, I received today a form to become a minority business. I got a business. Why do you have
to duplicate what the City is doing, what Dade is doing, what other people doing?
Mayor Carollo: I apologize. We gave --
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Mr. Laraque: You can cut taxes.
Mayor Carollo: We gave you plenty of extra time. I apologize. We have other people to hear from.
Mr. Laraque: OK. I really appreciate that you gave me more time.
Mayor Carollo: We did, a lot more.
Mr. Laraque: 'I know that. But anyway, I appreciate that. Thank you very much.
Mayor Carollo: Sure. Thank you. Mariano Cruz.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I would like to try to talk the same way I
talked when I went to the Metro budget hearing, what was a public hearing. According here, to my tax
notice, it's a public hearing. Public. We, the public, not the bureaucrats. Because Mr. Gimenez can talk
all the time he wants, and he makes a hundred thousand dollars plus sixteen cents ($100,000.16) a year.
Ms. Linda Haskins, Budget Director, can talk all she wants. And she makes a hundred and twenty
thousand dollars, nineteen cents ($120,000.19). To me, it cost me money today to be here. I get limited.
And I am a taxpayer. And that's completely wrong, because public hearing is public hearing. The Metro,
Ms. Margolius, she never limit anybody. And the people there were asking for money. Ninety-nine
percent of the people that were in there were social services -- the deaf, the blind -- everybody was asking
for money. And we are coming here as taxpayers and we get limited. How can I squeeze a presentation
of five minutes in two minutes? You don't squeeze Ms. Haskins. You don't squeeze Mr. Gimenez or
anybody. They can talk whatever they want. And they are our employees. They work for us. Why
should I be limited, or anybody be limited? That "beep, beep, beep" there, you know, that's wrong'.
because I can talk about police cars or anything. I got to single out, single out the report. That's for the
Office of Management and Budget. I'm going to read them what I say here. Property records are not
maintained to. (inaudible) identify equipment purchased with federal funds. And I just saw Community
Development got brand new Taurus. And the price ticket then will say eighteen thousand, two hundred
and forty-five dollars ($18,245). See how many residents of Miami can afford eighteen thousand, two
hundred and forty-five dollar ($18,245) cars. I- don't know. I see that. And that -- they say something
was wrong. They will not maintain the record. They got to be separate from the City. They use the gas,
everything. Maybe it's legal to use the Taurus, but it's morally wrong to use a Taurus in this poor City,
especially in Community Development. That money could be used for other things. Another thing I see,
the police cars parked there at 12th and 20th, dozen of police cars. They're not rolling on the street. You
know how much money we have sitting there getting damaged? How come they don't get (inaudible) or
anything? Why? Is it management, improper management? That money could have been used to get in
the bank and make interest float. You know money, floating money? You know about the float money
you can leave. Americans using the money. Everybody use -- the post office use it, the float money.
Leave that money there and then we can make -- And then when you need to buy the cars, buy the cars if
you have the lights and the equipment. The cars have been there sitting for months now. Tell me how
many have been attached with lights on cars, on those cars that are needed on the street. I don't know who
gave the order to buy them, but they are sitting there, because I see them every day going by. Some of
them even have been hit by garbage trucks, but they're right there. And you can go -- I'm not going to
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read everything, because it takes time. Now, going back to the parks. I was here -- I came to many
meetings before.
Mayor Carollo: Mr. Cruz, you've had over three minutes already. I appreciate it.
Mr. Cruz: OK. Well, I got to mention the parks. You know where the parks (inaudible), with the CAC,
Citizens Against Crime. But the money was taken from the parks to use for -- and remember --
Mayor Carollo: Any other information that you would like to give, you could go to the Manager.
Mr. Cruz: No. But still, I protest the way you conduct the meeting as a chairperson, because this is
supposed to be a public hearing, not a hearing of the bureaucrats. Thank you.
Mayor Carollo: Mr. Cruz, this is a public hearing and --
Mr. Cruz: At Metro, we spend there two or three hours.
Mayor Carollo: You will protest everything that I do, no matter what. So --
Mr. Cruz: No, no, this is nothing personal and you know that. It's nothing personal. I helped you many
times. Many times, I helped you.
Mayor Carollo: Mr. Cruz, don't throw that at me, please. We know better.
Mr. Cruz: Bureaucrats.
Mayor Carollo: And please, can you make sure that the first car of those police vehicles is given to Mr.
Cruz' relative that works in the Police Department that's also part of the City, and his taxes, I'm sure, go
to pay for that position, too, just like they went for --
Mr. Cruz: No, no, my daughter has nothing to do here.
Mayor Carollo: Just like they went for his former brother that worked for us not that long ago. So, Mr.
Cruz, I understand what you're saying perfectly. Believe me, I understand.
Mr. Cruz: I am a taxpayer, and you got to respect me as a taxpayer.
Mayor Carollo: We all are. And that's why you were given time, sir.
Mr. Cruz: No.. No, you don't. (Inaudible).
Mayor Carollo: My regards to Mr. Suarez. Now, next in line, we have Reverend Willy Leonard.
Reverend Leonard.
Rev. Willy Leonard: My name is Willy J. Leonard, St. Matthew Community Missionary Baptist Church,
and I'm here representing the Virrick Park Committee. We want to thank you, Mr. Mayor, fellow
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Commissioners, for the support that you have given us at the Virrick Park Committee, and we thank you
for the continued support that you're going to give us through the passing of the budget. Thank you so
much. And I'd like for these young children to stand up this afternoon. Would you stand up?
Commissioner Winton: You kids are seeing democracy in action here. We want to see some of you
running for political office one of these days, too.
Rev. Leonard: OK. I think Kyra would like to say something, if you don't mind, please.
Mayor Carollo: Of course, please.
Commissioner Teele: Tell her to give her full name.
Kyra Rackley: Good evening. My name is Kyra Rackley. I'm a sixth grade student at South Miami
Middle School. I will be starting you with a poem by my mom called "Flower Child."
"Children are like the delicate petals of a freshly grown flower planted in the womb of its mother, just as
a flower is planted into the soil of mother earth. As a child grows, he or she needs to be nourished and
nurtured, just as that flower in the garden. Once a child is born into this world, the primary goal is to
love, care and understand. As so much preparation goes into this process, we must learn to look beyond
the physical to the soul of the character. And like the flower in the garden, a child can blossom to be
beautiful to the eye, delicate to touch, and oh, so wonderful for the whole world to see."
I am an example of what it is to be planted, nourished and nurtured. The Barnyard has given me the
opportunity to achieve many goals and learn and grow. Now. that I,am growing older, it would only be
right to continue to have those same opportunities to help me and other kids like me become the men and
women of the future. Without the Virrick Park Community Center, this opportunity may not be possible,
because there is no other place in the West Grove for teens to go and flourish. We need this. We need to
build this community center.
Rev. Leonard: Thank you.
(APPLAUSE)
Mayor Carollo: Thank you.
Rev. Leonard: Thank you, Mr. Mayor and thank you, Commissioners.
Mayor Carollo: On the contrary, thank you very much for coming.
Commissioner Winton: And thanks a lot, kids, for coming. And we appreciate you being here.
Mayor Carollo: Kyra Rackley.
Unidenfitifed Speaker: She already spoke.
Mayor Carollo: Oh, OK. I'm sorry, Kyra, we got you. Thanks. Mr. Flanders, would you like to address
us, also, on the budget, or are you satisfied with --
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1]
0
Robert Flanders: Mr. Mayor, I already have, and thank you for the opportunity.
Mayor Carollo: OK. On the contrary, thank you, sir. Mr. Thomas, Mr. Thomas.
Angel Urquiola: Mr. Mayor, I would like to talk about the budget, if you'd give me time, please.
Mayor Carollo: Oh, of course. Let me just see if Mr. Thomas -- I had him next in line on the list here --
Mr. Urquiola: OK.
Mayor Carollo: -- for budget, and we'll go right to you then.
Mr. Urquiola: OK. Thank you.
Mayor Carollo: Mr. Thomas, do you want to address us on the budget also?
Unidentified Speaker: Mr. Mayor, I think he left.
Mayor Carollo: Oh. OK. He left. You're on. Name and address, please. Thank you.
Mr. Urquiola: Good evening, ladies and gentlemen.. Good evening, Mayor and Commissioners. My
name is Angel Urquiola. I live in 25 Southwest 38th Avenue. Zip code, 33134. I only want to know
something. It's been a bother to me for a long, long time. Maybe someone of you or the administration
can answer me. What we got in return for the tax we pay? What service we do have from the City of
Miami? Somebody can answer me this question? What kind of service we have? Because we pay Fire
Department separate. We pay garbage separate. We pay 911 separate. We pay sewer and water
management separate. What happen with the money we pay for our property, the money we pay in sales
tax and the money we pay when we got a permit from the City to do something? What happen with the
money the businesspeople pay? I don't know what happened, "pero" I think the wrong is because we, the
people was stupid not to watch the government long time ago, and don't let it build up the big bureaucracy
we do have today. No witness, no one, doesn't matter how big or how small can (inaudible) spend 76
percent of the budget (inaudible) in administration. When you going to get the guts to stop this? We
have a lot of duplicate departments in the City. We have a lot of things. We waste moneys in paper, in
paper, and neutral paper. Please, gentlemen, something has to be done. Clean up the bureaucracy. It's
too much. We can't support it no more. You know what I want to happen in Miami? Like it happen
today in Venezuela. The people is tired already, believe me. I received from my retire thirty-five dollars
($35) more in a year. And you know how much the City -- only the City. I don't count the County. Only
the City, you know how much money you raise me .from my retire? A hundred sixty-eight dollars ($168).
How much money you got from my pocket? What do you want me to do? To live under trees? To sell
drugs? To become a delinquent? No, no. Nobody going to do this to me, nobody. If I have to fight, I
fight. But I fight in this way, talking and letting you people open your mind, open your eyes. The people
already is tired, all this bureaucracy. Go to downtown. Thank you.
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Mayor Carollo: Thank you for your time. I appreciate it. OK. Now we -- I don't believe there's anyone
else that I have in the list here. If there's anyone else that would like to address us, they could come up.
Just give us your name and address, please.
Brett Bibeau: Thank you, Honorable Commissioners. Brett Bibeau, Assistant Director of the Miami
River Commission, 4600 Rickenbacker Causeway. The Miami Code Section 18-298, Storm Water Utility
Trust Fund reads on number 6, quote: "Annual fair share funding support for the Miami River
Coordinating Committee." But the Miami River Coordinating Committee hasn't existed in almost three
years. Now the group is called the Miami River Commission, and assumes the same responsibilities. The
'96/97, `97/98, `98/99 and today's budget, the 2001 budget still gives twenty-five thousand dollars
($25,000). And I quote, "The amount of twenty-five thousand dollars ($25,000) will be contributed to the
Miami River Coordinating Committee." We respectfully ask for a simple amendment on today's budget
alone to read "The Miami River Commission," not the non -existing Miami River Coordinating
Committee. And we'll move at a later time to amend the City Code. Thank you for your time.
Commissioner Sanchez: I don't believe that's a problem with the administration, whatsoever. I don't
think it needs legislative action.
Mayor Carollo: Yeah. We could deal with that at another time. That's fine. Hearing from no one else
who would like --
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Yes.
Commissioner Teele: There are several people from Hadley Park that want to be heard. I saw Herschel
Haynes go out the door. I see the Vice Chairman, Mr. Williams.
Mayor Carollo: Now is the time, anyone else that would like to address us.
Commissioner Teele: And if Mr. Haynes -- if somebody could get Herschel Haynes back in. I think,
unlike the situation at Virrick, Virrick Park, there is a very high level of frustration about the Hadley Park.
First of all, this has gone on for seven years. Second of all -- Where is Mr. Haynes?
Unidentified Speaker: He's coming now.
Commissioner Teele: Yeah. Second of all, we've had a groundbreaking in which the Commission
participated in. I think that was in -- what? -- June? ArAd third of all, the people have been displaced.
They can't have their meetings, and yet, there is no construction going on. Now, where is Mr. Haynes?
Commissioner Winton: Commissioner Teele --
Commissioner Teele: Yes, sir. So I wanted to stop us from closing the hearing, because I think Mr.
Haynes has something that he really wants to say. But as I said, there is a high level of frustration. This
has gone on for seven years now. And we had the groundbreaking, and through no fault of the
management -- the contract is with the State. Now, I'm sure Mr. Haynes is aware that earlier this morning
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•
at 11:50, convenience of the state officials that were here, the management recommended, and the
Commission has already taken budget dollars of approximately -- what was it? -- three hundred and --
three hundred and seventy-five thousand dollars ($375,000) has been added again to the project. But, Mr.
Haynes, I know you're frustrated. I know you're very disappointed, and I know that this is not pleasant
for you, or for me, or for the community. But I, again, respect what you've. got to say.
Herschel Haynes: Why, thank you. And that's very well put, because, as you know, my position is just a
liaison person. And it's incumbent upon me to bring to you, the elected officials, our elected officials
their concerns. And I have heard that the funds, which were necessary to complete the community center
that has been approved, and I'm grateful for that. We are grateful for that. However, there are some other
concerns that we'd like to bring to the attention of the Commission. And, you know, we can try to move
very, very expeditiously and that sort of thing through them. However, you know, it's their concerns that
I'm bringing to you. And I would beg you to listen, because they are very concerned about these things,
which I'm going to say. Just going to put on the easel here -- just going to put it up here so all of you can
see it. And the reason that we want to bring this to your attention is because it appears to be a pattern.
You know, for the last three or. four years, we have had to go over the same things, over and over again.
And it appears that for some strange reason, the City runs out of money when it comes to this particular
area, because as it's being brought to me, when these people go through other areas, and you go through
other areas, I just want you to know that I don't think you see these kinds of sights. I don't think you see
these kinds of sights. I don't think you see, you know, garbage and everything, and these sorts of sights,
like jungle, as you can see right here where -- this is 14th Avenue, and 45th Street. And you can see that
the growth is too high. It's just excessively too high. And this is just some of the other areas. Like this is
on 44th Street and 15th -- 16th Avenue. And these are some buildings right here that have been not in use,
and just borders -- this is the corner of 42nd -- 42°. Street and 171h Avenue. And we had a very, I think,
successful, a very successful meeting with the City Manager a couple of days ago, and we brought some
things to his attention that he did not know and he had recently seen. And some of these sites right here, I
understand it's some effort on the way for improving that whole area, and that's a good thing. However,
in the meantime, you can see the overgrowth here is entirely too high, and it looks like a jungle. And it's a
reflection not just on us, the people who live in that area, because, you know, we should have been here a
long time or maybe many more times than we've been here in the past and drawing this to your attention,
because it is you, our elected officials that we look up to, to not allow this to happen. If it was just one of
those concerned people from another area coming into our area and they highlight this, It's not just a
reflection on our community, it's a reflection on the City of Miami and the leaders, you know. And so we
wanted to bring this to your attention, you know, in terms of if you want to just ride out there and look for
yourselves. But our main concern is that it be taken care of, and that we do not have to come down here
and ask you, beg you to do what is your responsibility. And so we wanted to show that to you. And the
other thing that we wanted to bring to your attention would be about six or seven years ago, we had a
street project that was for the area between 46th Street and 50th Street on the north and also 15th Avenue to
18th Avenue on the west. Now, this is a project that was passed by you, the Commission. And I'm sure,
and I feel very, very confident that the leaders, our City officials, our Commissioners just don't pass
resolutions. And this is a resolution that was passed at least seven years ago, and it was stopped for lack
of funds, and it was to be continued. Now, Mr. Jim Kay, who is the department head for the Public
Works, and a brilliant person, and a person who, indeed, enjoyed, in our estimation, working with us, the
people. And before he left office and retired, he promised us, the citizens here that what he would like to
see is the project improved -- I mean completed -- that he was a part of in terms of initiating it. Now, for a
long time, we know that the City had a problem with funds and things of that sort. But since that time,
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there's been some improvement in that area. And so what we would like to know is when are you goin
to finish the street project from the 46th Street on the south to the 50th Street on the north, and from 18t
Avenue to -- which would be -- also, you need to include 16th Avenue. We'd like to know when it's going
to be done.
Mayor Carollo: We'll get all those answers for you. I don't think that -- unless we have those answers
now, and the one in particular you're asking for. But we will get all those answers for you. And I
personally would like to ask the City Manager to get a small task force of all the key people that we need
and go with Commissioner Teele in that area, and look at all the things that you've shown us here today so
we could take care of those.
Mr. Haynes: OK.
Commissioner Teele: Mr. Chairman, when it's appropriate, I would like to move that the management
give us a full report at the second meeting in October on the specific projects that have been discussed, as
well as an overall report from the NET (Neighborhood Enhancement Team) at a time that's -- what time is
going to be convenient for the homeowners?
Mr. Haynes: We'll make the adjustments to the -- you know, to the officials, the City Manager.
Commissioner Teele: Is 2:30 a convenient time for you all?
Mr. Haynes: Yeah. Yes.
Commissioner Teele: With your permission, I would just move to address this item that the management
be instructed to meet with the homeowners association, with the NET Office, Community Development,
Planning and the appropriate departments at the second meeting in October, and to give a full report at
2:30 on October 26th; and further, to arrange for a site visit and tour for -- that's convenient for the Mayor
and Commission of the area before that meeting. I would so move.
Mayor Carollo: OK. There's a motion by Commissioner Teele.
Vice Chairman Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
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v
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-849
A MOTION DIRECTING THE CITY MANAGER TO MEET WITH
THE NET, COMMUNITY DEVELOPMENT, PLANNING AND
OTHER APPROPRIATE DEPARTMENTS, ALONG WITH THE
HOMEOWNERS ASSOCIATION OF AREA BOUNDED GENERALLY
BY NORTHWEST 46TH TO 30TH STREETS FROM 16TH TO I$TH
AVENUES TO ADDRESS CONCERNS DISCUSSED BY MR.
HERSCHEL HAYNES TODAY; FURTHER DIRECTING THE
MANAGER TO SCHEDULE FOR THE OCTOBER 26, 2000 AGENDA
AT 2:30 P.M., A FULL REPORT ADDRESSING SPECIFIC
CONCERNS AND PROJECTS DISCUSSED ON THIS SAME DATE
BY MR. HAYNES; AND FURTHER DIRECTING THE MANAGER TO
ARRANGE FOR SITE TOUR CONVENIENT TO THE MAYOR AND
THE COMMISSIONER OF THE AFOREMENTIONED AREA PRIOR
TO THE OCTOBER 26" MEETING.
Upon being seconded by Vice Chairman Gort, 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
Mayor Carollo: Thank you very much for coming. Appreciate it.
Mr. Haynes: All right. Thank you.
Mr. Gimenez: Mr. Mayor.
Mayor Carollo: Yes.
Mr. Gimenez: We can advise Mr. Haynes that we anticipate going out to bid on that project, the street
replacement project sometime in November. And we will be happy to get with him and resolve the other
problems that he has over there.
Mayor Carollo: Thank you.
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Leroy Jones: Leroy Jones, 180 Northwest 62nd Street. I just want to request that when the Commission's
looking at doing the revitalization, or doing the demolition, or doing the lot clearing to please consider the
local black contractors in the area. And if the local black contractors in the area don't qualify to make
sure whoever qualify or whoever get the contract follow the federal guidelines and hire local people to
help with the demolition, or the lot clearing or whatever need to be done, because I don't see where it's
being monitored. And a prime example -- and I don't want to say that I know the whole scenario of it --
but a construction company was just awarded a demolition bid on 61St Street between 15th Avenue and 14th
Avenue. About two months ago, I came to the Commission and asked the Commission to please think
about and worry about local people working on the site, if local black contractors that would hire the
residents not selected to do the job. What we noticed was that contractor that was doing the work, at that
time that I noticed didn't hire any of the residents to help with the demolition, or flagging the streets, or
blocking to make sure no one get hit, or watching the cars, wasn't hired on the job. I'm concerned about
that, because I know it's a lot of money (unintelligible) to go to revitalize that area. And we don't want to
stop the revitalization that's going to take place. We don't want to stop the new housing that's going to
come in. But we do want to be a part of it. We do want to make sure that when you go to that bidding
process -- For example, I'll give you a small example. The contractor that was awarded -- and I'm going
to get to the chase -- the contractor that was awarded that bid, looking at the paperwork -- and I got the
paperwork -- it was one-story resident structures and two -store resident structures. But one of the
structures that was demolished was a three-story. And looking at the information I got, a three-story
wasn't a part of the process. Now, how the contractor get the opportunity to demolish a three-story, if it
wasn't in the language that I seen, I don't know. But what --
Mayor Carollo: Mr. Jones.
Mr. Jones: Yes, sir.
Mayor Carollo: You have to really come to an end, because you're over, way over. So if you could come
to a conclusion.
Mr. Jones: Mr. Mayor, I know when I come here, I know a lot of times I talk a lot. But if I feel it wasn't
important, I wouldn't come here and waste your time.
Mayor Carollo: I'm sure it is --
Mr. Jones: And I'm notasking for any special privileges. All I'm asking to do is just be able to get my
point across, because I live in Liberty City. And I watch the young guys .that don't have an opportunity to
work. And I watch people that don't live in our community come in and do all the work, and don't hire
people, you know, for whatever reasons, to be a part of the process.
Mayor Carollo: We're with you on that. You know, you're preaching to the choir on that. But, you
know, we have to have a process.
Mr. Jones: Mayor, I know --
Mayor Carollo: And, you know, no one can come and just speak, and speak and speak. Otherwise,
Commission meetings would never end. You've gone over a minute and a half, over that.
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9
Mr. Jones: Well, can I get another minute, Mayor? And I'll wrap it up.
Mayor Carollo: I'm afraid you can't. I mean, if you want anything else, I'll be happy to meet with you
personally. I'm sure others will, and we'll work on that.
Mr. Jones: Will it be all right, then, if I request to be on the next City agenda?
Mayor Carollo: Absolutely. Absolutely.
Mr. Jones: So I can speak about it.
Mayor Carollo: See, that's the way.
Mr. Jones: OK. Because I don't want to hold up nobody else time that want to speak.
Mayor Carollo: Yeah. That --
Mr. Jones: But I am concerned about it.
Mayor Carollo: Well, and we appreciate it.
Mr. Jones: You know, because I live around there.
Commissioner Teele: Mr. Chairman, I would make that request of the Manager, that Mr. Jones be put on
the agenda. Mr. Jones, Mr. Mayor, to the public. The problem that we have is this: This is not a normal
Commission meeting now. We're in a budget hearing process. So the only thing that we can discuss now
are not projects and things that relate to the community, but under state law, the only thing we can , deal
with right now is the budget hearing. That's where we are now.
Mr. Jones: OK. I apologize. I apologize.
Commissioner Teele: And the Mayor has had a rule that he's applied to everybody. And I know he's
been laboring here now, because he's sat down people. He's had a verbal discussion because somebody
didn't get more time, and that got very personal. And it's not going to be fair to anyone if the Mayor
allows us to go beyond the two minutes for the public discussion. But Mr. Mayor, on this.point, we need
to discuss this. Mr. Jones is 100 percent right. And the Commission, the City has not been sensitive to
this issue. On every bid document that I see -- we awarded sole source to Motorola today. We award --
every meeting, we award ten to 15 -- if the Clerk -- if you would just keep for the last two months a list of
just the sole source bids we've done. We've got to adopt a procedure other than a straight bid. We've got
to ,have Requests for Qualifications in which we look at the neighborhood issues and those kind of things.
There's a lot of legal ways to do this, but every time we get into this bid thing, it winds up with being a
very, very -- and it's a very controversial problem we're getting ourselves into. And Mr. Mayor, you were
at the Caleb Center three months ago, four months ago when Mayor Penelas and others were there. You
know this is an explosive issue, and this City needs to figure out, especially when dealing with
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Community Development dollars, exactly what Mr. Jones is saying. So think we ought to discuss it, but I
think Mr. Jones makes a valid --
Mayor Carollo: Mr. Jones, you've done a, you know, an admiral job, particularly with the youth. And
you are very welcome to come to our next meeting to ask to be placed on the agenda, and as I said, we
will work with you. Thank you.
Mr. Jones: Thank you, Mr. Mayor. And I apologize for holding everybody up. I'm sorry about that.
Mayor Carollo: Thank you.
Mr. Jones: All right. Thank you:
Mayor Carollo: Go ahead, ma'am.
Lillie Williams: Mr. Mayor.
Mayor Carollo: Yes, ma'am.
Ms. Williams: And Commissioners. My name is Lillie Williams, and I live at 1180 Northwest 50th Street.
I've not only addressed the Police Department, the City Manager and the U.S. Attorney General. From
12th Avenue 50th Street to 7th Avenue and 50th Street is a drug alley. Mr. Haynes, who is the chairperson
for Hadley Park picked me up this afternoon. And everybody else who live in that neighborhood can tell
you that it is a drug haven. On that street, there are 20 -some senior citizens. I'm the youngest one, and
I'm 71 years old. It is impossible for us to come out of our homes after 5 o'clock in the afternoon. It
starts at 9 o'clock in the morning. Your police officers are aware of it. I was speaking to the Major just
before I came in the door. He says, "We're going to check on it." I been hearing that for the last five
years, and I'm tired of it, because I should not have to live in a community where I have worked, and
scuffled and paid for a home, and can't come out in my front yard. The other thing that I'm concerned
about is the street. I have asked that that street be cleaned up. You can come by any Monday morning at
7 o'clock, and I'm out sweeping, cleaning up the street. That's not fair to me as a taxpayer. I should not
have to get out there and sweep up behind the garbage people and the trash people. I've also asked that
the alleyways be cleaned and the lights be fixed. I've been told it's going to take place. It has not taken
place. The sidewalk is broken. Finally, somebody came out and poured some asphalt in one of the spots.
That's dangerous, because the children come pass my door every morning going to school.. They fall
down. Who is going to take care of .them? Not -- my tax dollars should not have to go and pay for
children being handicapped because somebody pours asphalt in the sidewalk. What do I have to do in
order to get these things rectified? And Mr. Mayor, you promised me that you were going to fast-track
Hadley Park. It has not been fast -tracked. Seven' years is a long time to wait for something that you have
fought for, for a lifetime.
Mayor Carollo: That's very true. I haven't been here for seven years, but we are going to fast track it.
We have moneys in the budget now. I think you know what happened there. We've gotten the money,
and we're going to fast track it. Now, some of the other problems that you've mentioned, you know, there
is no reason for you to have gone through those problems. You asked what do you have to do. Well,
you've done it. You've been here. Mr. Manager, I would like tomorrow to have a full report as to all the
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problems that she talked about, and a date certain of when they will fixed. Because some of the problems
that she's talking about, we have some serious liability for the City. And, you know, what she's asking for
is something that every resident should expect from this City. And this is why we have NET offices. If
the NET Offices aren't having people to attend to the needs of our residents,, then we need to either
evaluate some of the people that are assigned to those areas, or maybe re-evaluate those NET Offices all
together in areas that they're not performing. Thank you very much.
Alberto Larrinaga: (Comments made in the Spanish language.)
Mayor Carollo: (Comments made in the Spanish language.) I asked him to speak slowly so she could
translate.
Mr. Larrinaga: (Through the interpreter, Sylvia Lowman, Assistant City Clerk): My name is Alberto
Larrinaga. Please forgive the way I look, but I -- otherwise, I wouldn't have been able to come here. But
I'm very honored to look like this, because it shows how hard I've been working for the last 39 years. The
taxes continue to go up at the property at 330 Northwest 2'a Avenue. I have a fire fee of two hundred and
ninety dollars ($290) -- two hundred and forty-eight dollars ($248). At 314, it's ninety-six dollars ($96).
It's an adjacent building. And at 311, which is a small house, the garbage fee -- He puts the garbage in a
dumpster and the youth from the area would throw it away. The inspectors told him to put a dumpster for
all three places so that he would not have a problem. He has a contract with Mr. Lazaro, and he told the
City staff that he has a contract. And the City told him he had to pay for that, also. He doesn't believe
that it's correct to have to pay for something twice. And if I have to put those dumpsters out, the youth in
the area are going to spread the garbage around. The City Manager also knows that -- I have to pay for
that, also. How much are you going to keep taxing me? You need to think about the working people and
how we can deal with this. Workers have the right to be respected. Thank you.
Mayor Carollo: Mr. Manager, can we send someone to see this gentleman from the Solid Waste
Department, or at least from the NET Office in his area to look and see why he was billed for that other
location? I can only think that it must be sort of residential. But if someone could go and go over what
he's explained here to see what, if anything the City could do. And if you could give the Commission and
myself a report on that.
Mr. Gimenez: Yes, sir.
Mayor Carollo: Thank you. That was the last person that was going to speak on the budget. So the
portion of the public hearing on the budget is now closed. The Commission can either amend the adopted
tentative budget. If it does, for anything that it takes out, it has to bring an equal amount in. Or it could
adopt this budget as final.
Commissioner Winton: Move to adopt the existing budget as final.
Mayor Carollo: There's a motion by Commissioner Winton.
Commissioner Teele: Second for purpose of discussion.
Mayor Carollo: Second by Commissioner Teele.
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Commissioner Regalado: Mr. Chairman.
Mayor Carollo: Discussion.
Commissioner Regalado: Mr. Chairman.
Mayor Carollo: Go ahead.
Commissioner Regalado: I was given a resolution regarding the budget process, and I'm a little confused
here, because what the resolution says is that the City Commission is expressing its intent that in the event
of a general fund budget surplus in excess of the amount forecast for fiscal year 1999/2000 is identified
after the completion of the annual audit in January 2001, such surplus should be used or earmarked to fund
certain projects and programs as set forth here. Well, my confusion -- I understand what you're saying.
And I know that we have a surplus. So. But it says that it is the intent that in the event of a budget
surplus, we are going to. fund the Miami River Dredging Project. Didn't we vote and approve that, Mr.
Manager?
Mr. Gimenez: (Inaudible.)
Commissioner Regalado: We did.
Mr. Gimenez: I believe that the resolution said that we have an intention to do that, yes, sir.
Commissioner Regalado: OK.
Commissioner Teele: Yeah, but the fund -- what was the funding source of that? Wasn't it the --
Mr. Gimenez: I'm not sure if there was a funding source.
Commissioner Regalado: There was a funding source.
Commissioner Teele: No --
Mayor Carollo: Well, there was one funding source.
Commissioner Regalado: There was.
Commissioner Teele: It was strategic reserves.
Mayor Carollo: Strategic reserves. And the --
Commissioner Teele: And the Oversight Board has rejected that.
Mayor Carollo: Exactly. That's what happened.
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Commissioner Regalado: OK.
Mayor Carollo: For the meantime, until we do a study and give it to them to see if they could analyze it.
But they rejected it.
Mr. Gimenez: Mr. Mayor, for the purpose of edification, the Oversight Board rejected the use of the
strategic initiatives because we didn't have a plan, a total plan for the use of the entire twenty-one million
dollars ($21,000,000).
Commissioner Regalado: OK. We did approve the .sixty thousand dollars ($60,000) for the Miami
Development Summit Conference.
Mr. Gimenez: Yes.
Commissioner Regalado: We did. It's here, too. We did approve the payment to the Department of
Community Development for the final payment to . HUD (Department of Housing and Urban
Development). I know we did that. So all of this was approved by the City Commission with some of
them unknown fundings; most of them with funding sources, right?
Mr. Gimenez: From the surplus.
Commissioner Regalado: From the surplus. What I don't understand is number S. It's different capital
improvement projects and capital improvement project deficits. And number 9, number 9 is a rebate, a
one-time rebate of solid waste fees for the residents of.Miami. What is identified here in numbers is four
million, twenty-six thousand dollars ($4,026,000). That's what --
Mr. Gimenez: For what, sir?
Commissioner Regalado: What is in this resolution, what the numbers say. I don't know about number 8.
It doesn't say any number. But the numbers that you're giving us here, it's four million, twenty-six
thousand dollars ($4,026,000); is that correct, madam?
Mr. Gimenez: I guess when you add up 1 through 7 --
Commissioner Regalado: Yeah, that's what I did. So I would like to ask the Finance Director, what is
your idea of the surplus? Now --
Vice Chairman Gort: In other words, what was the projection expected from the surplus?
Commissioner Regalado: Yeah, yeah.
Commissioner Sanchez: What do we project to have as a surplus at the end of the fiscal year?
Ms. Haskins: Linda Haskins, Budget Director. We're expecting currently a surplus of between ten and
eleven million dollars ($11,000,000).
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Commissioner Regalado: Ten and eleven million dollars ($11,000,000)?
Ms. Haskins: Yes.
Commissioner Regalado: So we're funding four million, more or less, four million plus unidentified
capital improvement projects. Who determines these capital improvement projects?
Mr. Gimenez: We have a variety of capital improvement projects that we have current obligations or oral
commitments to. And they are equal to two point two million dollars ($2.2 million). And there is funding
available of eight hundred and twenty-five thousand. So the next of that is one point four million dollars
($1.4 million). If you want me to give you a rundown of what those projects are, I'd be happy to do that.
Commissioner Regalado: Yes, sir, please.
Mr. Gimenez: There's the Hadley Park shortfall, those three hundred and seventy-five thousand dollars
($375,000); Virrick Park shortfall, four hundred and fifty thousand dollars ($450,000); the. Overtown
Shopping Center roof, AC (air conditioning) and paint is four hundred and forty thousand dollars
($440,000); the Allapattah Elderly Center roof is a hundred thousand dollars ($100,000); the Civic Center
lighting is -- It's come to my attention we need to take care of it either -- in order to give it to Florida
Power and Light, we have to bring it up and then transfer it to Florida Power and Light for upkeep -- is
two hundred and forty-eight thousand dollars ($248,000). There is the Dinner Key Marina electrical
problem that we have, is a hundred and sixty-three thousand. It's -- the Orange Bowl structural bracing
needs fifty thousand. And the Coconut Grove Convention Center roof repair is ten thousand dollars
($10,000). There are existing projects that have some deficits. C&F painting is twenty-five thousand,
eight ninety-one; Tropical Glass and Construction -- and I'm not sure what this is. It says PFCC. Prestige
Elevator, Metric Engineering, basically is a hundred and four thousand, seven hundred and forty-five.
And some parks: African Square, playground; Athalie Range Park, playground; Duarte Park site,
furnishings; Moore Park Daycare, tot lot; Moore Park, tennis court; Moore Park, recreational building
roof; Hadley Park, palms and boulders; Cuban Memorial Building, flag poles, et cetera. That's another
hundred and eleven thousand dollars ($111,000). In Public Works, we have the Jose Marti, court lighting;
the Riverside, security lighting; Reeves, security lighting; (inaudible), security lighting; Duarte, security
lighting; Tower Theater, Eaton Park, Virrick Park Community Center; Edison/Little River, sidewalk;
Allapattah, street improvement design; African Square Park, ceilings. The subtotal for that is eight
hundred and seventy thousand. So basically, that's how you come up with your two point two million.
We have grant funding and other sources for eight hundred and twenty-five thousand, which leaves one
point four million that has to come from the surplus.
Commissioner Regalado: So you're tapping into the surplus for a million four, more or less. That would
be almost five million dollars ($5,000,000). So we still have left about almost maybe four million, to be
conservative.
Mr. Gimenez: You also have -- We have to leave -- There's one point three eight zero in police universal
hiring, too, which the Federal Government mandates that we must fund police officers after the grant .
expires for a year. And we have a shortfall of about one point three there that we have to fund from the
surplus.
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Commissioner Regalado: That would be six and a half million. So we still -- So what you're proposing
here is to --
Mr. Gimenez: We have other things.
Commissioner Regalado: You still have other things.
Mr. Gimenez: We have one point four million dollars ($1.4 million) on the (inaudible) settlement. We
have the Miami River Dredging Project that we need to --
Commissioner Regalado: Well, that's included. That's included on the four million dollars ($4,000,000).
Those are the seven items.
Commissioner Teele: The first seven items.
Commissioner Regalado: The first seven items. So you still have left about four or five million dollars
($5,000,000).
Mr. Gimenez: Not so. We also need to keep -- last year, we had three million dollars ($3,000,000) in
yearend adjustments that we need to keep in abeyance because .that -- we won't know the number for that
until the audits are done in order-- in other words, to clean up the books from this fiscal year. When the
audits are done, sometimes, there's some yearend adjustments that have to go in. Last year, it was about
three point five million. So we figure we may have about three million dollars ($3,000,000) there.
Commissioner Regalado: Three million dollars ($3,000,000) left at the end of the day, at the end of
everything, or less, you mean?
Ms. Haskins: We also have in here funding -- In the 2001 budget, there is nothing budgeted in the
general fund for equipment replacement and purchase of new equipment in any of the areas. There's a
small -- there's a -- except for the police force. The police force has got funding for two K -9's and their
capital lease on cars. We needed to fund something for purchase of equipment and -- equipment
replacement, so we're estimating that at about a million dollars ($1,000,000).
Commissioner Sanchez: So you have two million in surplus.
Commissioner Regalado: So the rebate to the people on the solid waste increase may not be more than
one million dollars ($1,000,000).
Mr. Gimenez: It's probably more than two million dollars ($2,000,000).
Commissioner Regalado: Two million dollars ($2,000,000) in rebate. That's what you think.
Mr. Gimenez: About two million, guesstimating right now. We won't know until the books are closed.
Commissioner Regalado: And how much was the increase? I mean, how much we made with the
increase from what it was last year to close -- the eighty-one, ninety-one dollars ($91)?
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Commissioner Sanchez: What was the difference from the two fifty-four or two forty-five -- what's two
fifty-four to three twenty-five? Huh?
Ms. Haskins: It was about six million dollars ($6,000,000), I think. It's ninety-one dollars ($91) times six
-- no. Six million dollars ($6,000,000). Ninety-one dollars ($91) times 69,000, 63,000.
Mr. Gimenez: It's five point seven million.
Commissioner Regalado: Five point seven million. So two million dollars ($2,000,000) will be a third of
that. It would be a third of the raise in the fee.
Mr. Gimenez: Excuse me, sir?
Commissioner Regalado: That would be a third of the raise that you proposed, right?
Mr. Gimenez: Well, we're proposing that whatever the surplus is --
Commissioner Regalado: No, no. I said you proposed and the Mayor, a raise of eighty-one dollars ($81),
right?
Mr. Gimenez: Yes, sir. I --
Commissioner Regalado: On your budget.
Mr. Gimenez: Yes, sir.
Commissioner Regalado: And by rebating two million dollars ($2,000,000), it would be a third of -- I
mean, the people would get a third of that increase that they have to pay, a third part as a rebate. That's
what I'm saying.
Mayor Carollo: It's more than a third, Commissioner.
Commissioner Regalado: More than a third.
Mayor Carollo: You're looking at approximately forty dollars ($40). And, you know, it might even end
up being half, about forty-five dollars ($45) or so.
Commissioner Regalado: Well, my question is: Why, why rebate if we can reduce? I mean, you knew
this.
Mr. Gimenez: If I can answer that question. The rebate is a one-time rebate that you use your surplus
money to give the money back. In order to balance out for the five years, you have --
Commissioner Regalado: You need recurring revenues.
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Mr. Gimenez: -- recurring revenues. So if you use the one-time rebate, it's not a recurring expense. So
you have to have, since it's not a recurring income, we can balance that out for rebate as a one-time non-
recurring expense.
Commissioner Regalado: So what we may do here is send a check of forty, forty dollars ($40) to every
property owner.
Mr. Gimenez: No.
Commissioner Regalado: No.
Commissioner Teele: No. Every residential.
Commissioner Regalado: No, every resident -- I mean every property owner that pays garbage to the City
of Miami.
Mr. Gimenez: Yes, sir.
Commissioner Regalado: OK.
Mayor Carollo: Not that pays garbage.. That actually does pay this year's bill, this coming year's bill.
Commissioner Regalado: Yeah, that's what I said.
Commissioner Teele: Mr. Chairman.
Commissioner Regalado: I -- you know, I think it's a noble idea, but it doesn't do for the people. It's
like, you know, President Clinton tapping into the strategic reserves so we can have in October and
November three cents less on a gallon of gasoline.. I mean, this is a political thing that we are doing.
Mr. Gimenez: This is not tapping into the reserves, the reserves that we have --
Commissioner Regalado: No. I'm talking about what Clinton did with the oil. Not -- but what I'm
saying is that why can't we plan ahead and not have the people of Miami take the brunt of this? I mean,
we're doing a lot of things in here. We're raising salaries. We are raising the budgets of the .different
departments. And then the only thing that we can come up with is a forty -dollar ($40) rebate. I mean, if
we can send it for Christmas, that would be great to the people, but it won't get there before Christmas,
I'm sure, of this year.
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Go ahead, Commissioner Gort.
Vice Chairman Gort: Are you through, Commissioner Regalado?
Commissioner Regalado: Yes, for now.
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Vice Chairman Gort: My understanding is -- my question is: The strategic reserve, my understanding is it
was created for a reason. Those are the funds that came from the sale of --
Commissioner Teele: You're talking about the oil reserve?
Vice Chairman Gort: No, not the oil. I'm talking about dollars reserved. My understanding is those
funds are to be utilized to create economic development.
Mayor Carollo: Yeah.
Commissioner Sanchez: To increase revenues for the City.
Vice Chairman Gort: To increase revenues and economic development.
Mr. Gimenez: Then it was to increase the recurring revenues.
Vice Chairman Gort: To increase recurring revenue. Now, we heard today a couple of presentations by
individuals where they stated that if we don't have capital improvement, that development would not take
place. Now, can this strategic reserve be utilized for some of the capital improvement they use in the
reserve?
Mr. Gimenez: I'm sorry; 1 didn't understand the question.
Vice Chairman Gort: OK. You're using -- my understanding is you're using some of the reserves -- I
mean not -- the surplus, you're using some of the surplus for capital improvement.
Mr. Gimenez: Yes.
Vice Chairman Gort: Can we do that with the other reserve?
Mayor Carollo: Strategic?
Commissioner Regalado: The strategic reserves.
Mr. Gimenez: The strategic reserves can be used for capital improvement as long as we demonstrate that
it somehow has a recurring -- you know, it generates recurring revenue for the City.
Vice Chairman Gort: Right. We -- Coconut Grove here has made that presentation. It wasn't not even
ourselves. It was the private sector coming to us and saying if we want to keep the tax base in Coconut
Grove, if we want to increase the sales tax and a portion of our sales tax, we need to do the capital
improvement to do so. We're willing to put the money to do the marketing, but we need to do -- couldn't
that be an argument that can be utilized for that? And then some of those funds can be served for the
rebate and increase the rebate?
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Mr. Gimenez: Well, one of the things that we are recommending is that we use the -- the river dredging
comes from strategic reserves, although this is a backup source, so that if the State Oversight Board allows
that as part of the overall plan, then there would be more money for a rebate.
Vice Chairman Gort: Well, let me tell. you something. The dredging of the river -- the river is one of the
biggest commerce that we have. If you look at the amount of employment and the amount of business that
goes through that river, and how it can improve by doing the dredging, I mean, that's -- you should be able
to sell it to the Oversight Board.
Mr. Gimenez: I believe we can. The problem that the Oversight Board had was that it was just -- it came
as a one-shot deal. There was no planning, et cetera. So one of the things that we have asked, you know,
Mr. Ray Goode and his committee to look at is the possibility of funding that as part of an overall strategy,
an overall plan to use the entire twenty-one million dollars ($21,000,000), and one of the components
would be the river dredging project.
Vice Chairman Gort: I would like for you all to look into. it and put as part of the plan the capital
improvement, those key areas that can generate more additional revenues, recurring revenues.
Mr. Gimenez: Yes, sir. If anyone has any specific idea, I would, you know, love for you to please send
them to me, and we'll send them right to Mr. Goode.
Vice Chairman Gort: OK.
Commissioner Sanchez: Mr. Chairman.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Sanchez: Linda, the ten to eleven million, it's a projection, correct?
Ms. Haskins: Yes, sir.
Commissioner Sanchez: We're projecting to come up with that money in surplus.
Ms. Haskins: Yes, sir.
Commissioner Sanchez: Now, all the expenses that you read off, those are prioritized for us to do this
year.
Mr. Gimenez: Yes, sir. They're either commitments, they're shortfalls. Those are things that we really
need to do.
Commissioner Sanchez: Including the seven items on this resolution. Correct?
Mr. Gimenez: Yes, sir.
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Commissioner Sanchez: OK. Now, the numbers that were sent back and forth, and I believe everybody
brought out their calculator, and when you add and you subtract everything, we end up probably with
about two --
(INAUDIBLE COMMENT)
Commissioner Sanchez: Well, the increase of thirty-three dollars ($33)? Well, we end up with about two
point something million dollars, correct. Now, any other surplus that comes out of from wherever would
be directed towards that.
Mr. Gimenez: Yes, sir.
Commissioner Sanchez: For the rebate or whatever you want to call it. A rebate, a certificate, a refund.
Mr. Gimenez: We anticipate that sometime in January, we'll come back to the Commission and tell you
exactly what that amount is. And then if there are other funding sources -- say if we somehow get the
County money -- then that can be added to it, because we haven't figured that in this budget.
Commissioner Sanchez: That's another thing I wanted to touch on. We're not projecting on what -- the
situation with the County, with the money they're holding.
Mayor Carollo: No. Let me explain that. And that would not be looked upon as a reserve, even though
it's moneys that they've collected this year. That will be dollars that we're going to get after this fiscal
year. So we could deal with that afterwards in the same way, and that's my intention to propose that. But
it's not going to be part of the reserve. What you basically have, you have anywhere between forty, fifty
dollars ($50) potentially that we could rebate out of this, and another forty to fifty dollar ($50) potential
that you can rebate once you get those dollars from the County.
Commissioner Sanchez: And I'm in support of that.
Mayor Carollo: Yeah, yeah.
Commissioner Sanchez: I'm in support of giving our taxpayers a rebate, a refund, whatever. But to count
that money for the parking surcharge, I believe you're counting your chickens before your eggs are
hatched.
Mr. Gimenez: It's not counted right now.
Commissioner Sanchez: It's not counted right now.
Mayor Carollo: It's not counted now, no.
Commissioner Sanchez: So it could be additional.
Mayor Carollo: Yeah. That would be additional. We'll deal with that down the road. We're dealing with
this now. This is real.
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Commissioner Teele: Mr. Chairman.
Mayor Carollo: Commissioner, go ahead.
Commissioner Teele: This budget, I think, before we get into it, I think what the management has done is
extremely well done. It really does represent a lot of growth. And I guess, like Commissioner Winton
said in the last budget hearing, and I certainly want to echo that, I -- Carlos, I want to commend you and
the entire Budget staff. But more particularly, I want to commend the City of Miami employees. I think
what we're going through right now in the last 24 hours last year is extremely painful for those of you that
see public service as a profession, your profession. And quite candidly, it's very painful to be associated
with the City of Miami in many ways. And I think in spite of all that this City has confronted over the last
five years -- before I was even elected -- the whole issue of financial solvency, right through this past year
is nothing short of spectacular and amazing. I think the entire City staff, except the one or two that may
be riding on others -- I don't know who you are, but you know who you are -- but with the exception of
the one or two that may be riding on others, the entire City staff really does deserve a tremendous debt
from all of us that serve. And I'm very pleased to work with the City. And I want to just sort of put a
period there, because I think the challenge that we have now as a Commission is to recognize that we've
come through the worst of this. The problems that we're talking about now are the kind of problems
elected officials would pay money to sort of have to deal with, which is, "What do we do with money that
may be in excess or surplus?" But I think this is extremely dangerous, what we're doing now, and I think
it's extremely misguided. And having said what I said, Carlos, about you and your staff, the problem with
this budget, from my vantage point, is the problem that I saw when I first came here three years ago, and
we talked about it. All of the money. -- and Mr. Cruz and others keep talking about it -- all of the money
that we're appropriating, that we're budgeting and appropriating is for one thing, essentially -- for City
staff, to keep the government going. But what about the citizens and what about the people? I don't know
how -- and Mr. Mayor, I want to do -- I think, you know, as the leader of the City, I want to follow your
lead on these matters, on many of these matters. But I don't know how we can seriously and honestly
have a discussion about rebate when, in fact, we, ourselves, as the Commission, legislative body, have
failed to instruct the Management and failed to develop a budget process that addresses the needs of our
neighborhoods in our City. And that's the one thing that we know that's not in this budget. It's capital.
And for the Manager to read off the kinds of things that he just read off, I would not have done it, because
it's really -- it shows that we were prepared to run this City and not have roofs on buildings, not have --
it's the same thing we talked about. The first thing that happens when you run out of money in
government is maintenance gets deferred. We don't have a capital budget plan. And we sit up here and
we entertained the people from Coconut Grove and Brickell this morning for 45 minutes. I want to talk
about downtown, which I consider to be really in a very, very delicate and precarious situation right now.
And the one issue that we're dealing with -- the Hadley Park, we just heard from all those fine people; the
Coconut Grove, we've just heard from all those fine people. We are -- you know, this government has
gotten upside-down. We, as a Commission, have been led by the staff on one thing, and that is to pay the
salaries of the staff. But the capital budget items, which should be 20 percent, 15 percent of our overall
budget, are not even two percent. And now, we're down to the bottom of the budget, and we're talking
about putting roofs on -- and it's been this way every year. The Fire Department, Carlos, had to fight --
remember? -- to get space for people to sleep in the fire stations. I mean, you had situations where the
water wasn't hot, and you had all kinds of things. So I've got to say this. Number one, I think unless and
until we develop a budget policy strategy -- and I hope coming out of this, we can begin to do this. We
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really need to sort of have a division of the house on this. And .I realize that there is a need to deal with
the public. The way I think we should deal with the public is give them more services. The thing that Ms.
-- that the lady just here from Hadley Park talked about two years ago was the same thing. And that is the
garbage is picked up on her street and she winds up having to clean it up behind it. I think we're crazy to
raise garbage fees and not give more service in the area of garbage and solid waste collection. I mean,
we've got to look at ways -- that was my point in the last meeting. People don't mind paying more if
they're getting more. But people resent paying more to get the same or less. And so I'm having a very,
very difficult time with this discussion that we're all having now about the rebate and all of that, because I
like the idea of a rebate. I like the sound of a rebate. It's certainly something that I think could perhaps
address a major concern that the community and the taxpayers have. But at the same time, we cannot say
honestly that we're funding the City of Miami for greatness and for -- to position itself. So in a word, Mr.
Mayor and Commissioners, I think we need to, before we get to the rebate issue -- that's the last issue --
we need to focus on the budget of the City of Miami. And if we start talking about what we're going to
give away or what we could potentially give away, I don't think we're ever going to get there. And I think
the Manager's numbers are conservative. They're using the three million dollars ($3,000,000) based upon
the historical, which is the proper way to budget. But the fact of the matter is our budgeting process and
our accounting process is incrementally increasing each year and improving each years. And I think that
number of three million is probably going to be somewhat less. But it's a good number to work with. I
have one direct question: When is something obligated in the City of Miami? When is something
obligated for purposes of fiduciary and budgeting responsibility? Why can't we obligate the first seven or
the first six of these funds now, Mr. Attorney, Madam Budget Director, Mr. Manager,. Mr. Assistant
Manager? Because it's my understanding that an obligation occurs when the legislative authority or the
contractual authority -- and I don't know if there is a distinction or if the Budget Office is making a
distinction -- has occurred. I think we should obligate these funds this year in FY 2000, and not talk about
this intent stuff. I think that's the first thing that we should do. And I strongly believe that the issue of the
Miami River is not appropriate for the strategic reserve. I think it is appropriate the way we're going to
expend it, propose spending it here. Now, I commend you, Commissioner Sanchez. You're our liaison in
that area. And I want to know why can't we obligate those funds now? What is the definition and how do
we get to that, Mr. Attorney?
Mr. Vilarello: Commissioner, I believe the reason you can't obligate these funds at this point is simply
because they are a moving target. You don't know exactly the amount of your surplus at this point. The
Budget Director is telling you that she cannot tell you today the exact number and how it will ultimately
play out.
Commissioner Teele: Oh, no, that's not my question at all. First of all, if that's the answer, .we have a
serious difference of opinion, because we know for a fact, as much as we knew last month when
somebody bought whatever they bought that we had the money there. I mean, this is not a bunch of
people, you know, down in a basement working off of a grocery bag. This is a very sophisticated --
There is a clear understanding that we have seven million dollars ($7,000,000) of funds. So I'm not
talking about the full amount. I'm talking about seven million dollars ($7,000,000). There is no question.
If I ask the Budget Director or if I ask the Finance Director, everybody is going to stand up and raise their
right hand that we have it. So that's not the issue for me. The issue is, legally, when does an obligation
occur? Because I think the real issue is, as you know, the Oversight Board has repeatedly said you cannot
carry over dollars to make up your next year's budget. And once you carry them over -- which gets to the
issue of the parking surcharge and all of that -- if you don't collect them, you can't carry them over,
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number one. So you can't carry over parking surcharge dollars that the County has not released to us by
definition. But when are these funds eligible to be obligated? In other words, why do we have to express
a resolution of intent? Why can't we express a clear resolution on the first seven things? Now, I'll agree
with you as it relates to the -- how do you get the number for the rebate and all that. We don't know. So
you can't obligate those now. You got to back that out. So you're backing out three plus two, and that's
about five million dollars ($5,000,000). But seven million dollars ($7,000,000), we know.
Mr. Vilarello: Commissioner, if I can -- if I understand your question correctly, the first item that you
must do is you must appropriate the funds. Because of our agreement with the Oversight Board, we are
not permitted to use the surplus funds into our next funding year obligations.
Commissioner Teele: That's not my question. My question is: Why can't we obligate seven million --
what is it? -- five point -- what's that number? -- four point four million dollars ($4.4 million) plus --
what's the one point four? That's the lawsuit?
Vice Chairman Gort: Yes.
Commissioner Teele: Plus the lawsuit. Why can't we obligate I through 7 right here and now?
Commissioner Winton: Well, what's the difference in I and 7 and I through 8?
Commissioner Teele: Well, 1 through 8, because 1 through 7-- 8 wasn't spelled out, and somebody had it
spelled out, so now we're at I through 8, yeah. It's the same thing. Why can't we -- I mean, I object to
the form of this, of a letter of 'a statement of intent. I would be much more comfortable -= and I'm saying
what the Manager is saying, but going a step further. I'd be much more comfortable if this resolution
authorized or instructed the Manager to develop the budget ordinances for -the release of these funds, and
that the funds are not to be carried forth as unrestricted funds or carryover funds for next year, subject to
approval by the Oversight Board, and that they are earmarked for the things just that you've listed there. I
mean, why do we have to wait till January? The way this resolution reads, you've got to wait till January
to do all of that. And I think that's a big mistake in the manner in which the resolution is drafted -- is
presented.
Mr. Vilarello: Commissioner, if I can hopefully understand your question, before you can make any
obligation of funds, you must first have the appropriation of funds. And it might be a question of, "What
comes first, the chicken or the egg?" But these dollars, until such time as they have been appropriated to
next year's budget, you cannot obligate yourself on those funds.
Commissioner Teele: But you're saying next year's budget. And my question is: Can we, by ordinance
tonight, by ordinance tonight, can we appropriate 1 through 8 out of the FY 2000 funds? Because that's
the strongest thing that we can do. And. then deal with the Oversight Board after that.
Mr. Vilarello: I understand your question now, Commissioner. Of course, yes, you can.
Mayor Carollo: You can do it.
Mr. Vilarello: Yes, you can.
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Mayor Carollo: The only thing that there has to be an absolute assurance that we're going to spend it is
that we have it. Now, the reason they placed the January 2001 is that overall, they're not going to know
fully the minute this fiscal year is over in the next several days actually what they have. That's going to
take some time to really get down to the full amount of the surplus that we have. Why? Because you
have many bills that they're going through of being paid before they can finally have a hard number on
what the surplus is. A lesson in Accounting 101, that that's the reason they have to do it. But in essence,
to answer your question, Commissioner, it can be done to appropriate "X" dollars that we know we have
right now to different areas. Now, what I would warn against is to go way beyond of what we don't
know.
Commissioner Teele: Exactly, Mr. Mayor. And the point that I'm only trying to make is 1 through 8
equals approximately five million dollars ($5,000,000).
Mayor Carollo: That, we have. That, we're safe in doing within the budget.
Commissioner Teele: We're safe in doing. And I mean, I -- and the three million dollars ($3,000,000) is
the number that they're holding as a sort of a slug to balance against, plus the two million dollars
($2,000,000) --
Mayor Carollo: Yeah. And I fully understand where you're coming from with this. And it has a lot of
logic. Of course, some of the numbers we have -- for instance, the river dredging project is not one that is
your concern or mine, because that's going to get started way later into the year. But, for instance, the
Hadley Park improvements, that, we need to get the money our right away to be able to get it done
quicker. And.there are others there that would fall in the same area. The Development Summit, I think
that's in January.
Commissioner Sanchez: That's in January 22nd through the 24`h.
Mayor Carollo: So, you know, in essence --
Commissioner Teele: But the money is going to be spent well before then.
Mayor Carollo: Yeah, sure.
Commissioner Teele: Postage and this and that.
Mayor Carollo: And this is what I believe that, you know, is your concern. And it's a valid concern. It's
a valid concern that can be resolved in that way. And I have no problem in separating this in two areas in
that fashion. My only problem is that by separating in that fashion that --
Commissioner Teele: Well, see, Mr. Mayor, there's another issue. And I don't want to talk politics, but,
see, I would hate for someone to say that there has never been a financial crisis, that they've got two
hundred million dollars ($200,000,000), and by their own argument, they've had twelve million dollars
($12,000,000) that they didn't even -- you know. I'd much rather for the number to be a more realistic
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number as to what we're prudently believing is a carryover number, so that we don't carry something that
totally makes all of us look --
Mayor Carollo: And I can also appreciate that, because --
Commissioner Teele: Especially if we got these maintenance issues. All -- every one -- everything that
Carlos Gimenez just readout should be done yesterday. I mean, it doesn't make sense. I'm talking --
Mayor Carollo: Those are all items that were must. I mean, there's nothing there that's a luxury that
could wait for the next fiscal budget after this one. Those are items that we have to pay. And if anything,
it, I think, shows how conservative we were in drafting this fiscal year's budget.
Commissioner Teele: Absolutely. Absolutely.
Mayor Carollo: Because we had a lot more.
Commissioner Teele: Absolutely.
Commissioner Winton: Mr. Chairman.
Mayor Carollo: Yes, Commissioner.
Commissioner Winton: I couldn't agree with Commissioner Teele more. I think that 1 through 8 should
be put directly into the budget just like any other line item we've got in there. I have huge philosophical
problems with number 9. I've sat here for a year and listened to people come into this chamber. I've been
in more community meetings than I want to think about. And I've not been to a single meeting where
everybody didn't complain like crazy about the condition of their neighborhood. Sidewalks, lighting,
landscaping in the swale areas, cleanliness of streets. We've got a central business district that's a damned
disaster. We got Coconut Grove, which is also a major tax generator for our entire City that's turning into
a disaster. And we're going to talk about if we get lucky, if we have a good year. We've got needs that
are mind-boggling. We don't have parks in Little Haiti, at all. We don't -- we need more parks in every
single neighborhood. And the idea at this point of giving a rebate on a trash fee, if we have a good year --
We ought to put every dime into, and maybe you pick the project or the neighborhood, but we ought to put
every dime we can get into infrastructure improvements in the form of parks, and green space, and
security, and roads, and sidewalks, and all of those things, and make our City shine. And once our City is
shining beyond belief, our tax base is going to explode, and we're going to drive the millage rate down.
You'll get to look at that, that millage rate driven down to maybe the County's level. We get rid of the
fire fee; we get rid of the parking tax. And in addition to that, we already know that this year,
Commissioner Sanchez is leading an effort to do a complete analysis of the entire garbage collection
system in the City of Miami, so that, hopefully, we'll have a recommended change in system at some
point in this year that will reduce 'the cost naturally. And to -- and philosophically, I believe that
particularly something like garbage, if it cost us "X," we ought to pay "X." And it shouldn't be subsidized
by failing parks, and poor streets, and poor lighting and all of those kinds of things. So I can't, frankly,
support any idea here at any kind of rebate at the end of the year.
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Mayor Carollo: Would anyone else like to make a statement? Vice Chairman Gort, Commissioner
Sanchez.
Commissioner Sanchez: Let me get this straight. If we do this, it requires an emergency ordinance
amending the budget, correct?
Mr. Vilarello: Yes. Yes, sir.
Commissioner Sanchez: And this resolution is just a resolution of intent. Basically, all it does, it says that
in January 2001, such surplus funds should be earmarked to be given back as a rebate to reduce the
garbage fee.
Mr. Vilarello:' Yeah. The Mayor's resolution would bring this back before you for a final decision some
time after January when you have those final numbers, yes, that it would be an expression of the intent of
this City Commission.
Mayor Carollo: Or one other way of doing it is that we could bring part of it back before that and the rest
in January, when we finally have the final numbers. The analysis that has been made here, there are pros
and cons for both sides of the analysis. I could understand what Commissioner Teele has said, in as far as
he doesn't want individuals going out there and saying there's no financial crisis, look at all the surplus
they have, and so on, because, in fact, you have individuals on the radio, even this week, saying that we
have two hundred and seventy million, three hundred million -- I don't know how far they're up to already
-- when the truth is that they don't have the slightest idea what they're talking about. So I can
comprehend, you know, what he is proposing and the reasons why. Amending the budget with an
ordinance now can be done. I wonder on some of the negatives in doing it that way, also. I mean, this is
one that I, you know, would like to get the recommendation of the City Manager and the administration,
our Assistant City Manager in charge of finance, and most of all, our Director of Budgeting, Linda, if you
all would feel more comfortable in doing it one way or the other. Both ways are going to get us there.
The only difference, philosophical difference that there is up here, I think, besides that one is on what to
do with the balance of those funds. Shall we rebate or not? Vice Chairman Gort.
Vice Chairman Gort: Let me tell you, I can understand all the arguments, and I understand the capital
improvements that we need to do to all our neighborhoods. We had the presentations today. And you're
right. You sent me .a memo requesting that I send you some information about how that reserve, that
strategic reserve can be used to generate. What I would like to do is do it differently. I'm sure you have
worked on it already, and you already have certain issues that you would like to address. I'd like to get a
copy of that. And I have also instructed the people in DDA (Downtown Development Authority) right
now. We'll be talking to the people in Coconut Grove and see what needs to be done there to create
recurring revenue, how we could use those funds. I think those strategic reserves should be utilized to do
those things. And we heard all about the conversation today. Mr. Manager, I don't have any problem,
Mr. Mayor and Commissioners, in having some kind of rebate. We need to give some kind of relief.
When we went into the crisis -- and some of those people are not here today -- we asked a lot of the
administration, we asked a lot of the union, but we also asked a lot of the residents of this area and the
businessmen of this area. I think if we show a little good faith -- Because one of the commitments that
we made is as soon as we can eliminate some of those fees, we will eliminate it. And I think like
Commissioner Teele stated before, you all have done a great job in working on this budget. And we did
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not raise the fire fee like it was supposed to have been during the five-year plan that we put together. But
at the same time, when we adopted the five-year plan, it was with the understanding that if we could make
changes every year, we would do it. So, Mr. Mayor, I would not have any problem to second it or make
the motion to accept the amendment.
Commissioner Sanchez: Well, first, we would have to approve the budget, correct? No?
Mayor Carollo: No, not for this, not for this resolution.
Commissioner Sanchez: For the amendment? I believe it's -- Commissioner Teele, you're the make --
you're the --
Commissioner Teele: I think the Mayor had requested to hear from the Manager.
Commissioner Regalado: If I may.
Commissioner Teele: And the Assistant Manager, and most of all, the Budget Director, I think he said.
Commissioner Sanchez: As Steve Clark used to say, you know, it's time to cut bait or fish.
Mayor Carollo: Well, and it's getting late, gentlemen. There's still a lot more of the meeting. So we --
Vice Chairman Gort: We have PZ -5.
Mayor Carollo: We need to.
Commissioner Regalado: Mr. Chairman.
Mayor Carollo: Commissioner, go ahead.
Commissioner Regalado: I think that the problem that we have with these public hearings -- and there
were people here, and there were people that came -- even though they, said to me that they knew that by
coming here, nothing was going to change in the budget. And this is wrong, because it sends the wrong
message. To say that we shouldn't change the budget, that we shouldn't do this, that we should wait,
while we know that the money is there, it sends the wrong message to the people of Miami, especially
those who still -- and there are a few, only a few that believe in public hearings. Public hearings are
supposed to have the people give us the input, and then make changes on the spot. If we take something
out, we've got to bring something in. That's a rule. We know that. But I think that we have the money.
You have been telling us that we have the money, and I believe that we should incorporate this. Not only
this, we should do several other things within the framework of the budget. But changes should be made.
And as to the rebate, I still don't know what we are trying to do, because if a rebate would mean the
possibility of giving the same level of'service that we're giving now -- no, I mean in other areas, you
know, in solid waste -- that would not accomplish. That would be what we are trying to do. We are trying
to raise the quality of life. And sidewalks and areas that we need to address are part of the quality of life
issue. So my idea is that we should officially incorporate in the budget this -- actually, the eight projects
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that the Manager has given us in this resolution. And the money is there. The money is there. I mean,
Mr. Manager, can you tell us that the money could not be there?
Mr. Gimenez: What I'm saying is until you close the books, you don't know how much money you've
got. And that's the problem. We are confident that there is a -- you know, we are close to what we think,
though I can't tell you. And that's why we were hesitant to bring it up as a definite, because you can't say
what "definite" is, because we haven't closed the books, and that won't be done till late.
Commissioner Regalado: No, we're not talking definite. We're talking only eight. We're not doing the
ninth. We don't know about the ninth.
Commissioner Teele: You mean 1 through 8.
Commissioner Regalado: Yeah, 1 through S.
Mayor Carollo: Well, that's where it gets dangerous. And first of all, by State law, we cannot have a
deficit, as we all know. We cannot have a deficit. So if for any reason we fall short, then you end up with
a deficit. I think if this is the will of the Commission and if the administration approves it -- I don't know
what the administration will recommend -- what would be more prudent would be 1 through 7. If we start
getting into 8, unless you -- there's one or two there that we definitely need to bring out, then we're
getting into a dangerous area. But I'd like to hear from the administration if I can.
Vice Chairman Gort: Do we have to have numbers (inaudible)?
Commissioner Regalado: One to 7, 1 to 7 is the four million dollars ($4,000,000).
Mr. Gimenez: I'd like a couple minutes to talk to Mr. Nachlinger and Ms. Haskins.
Commissioner Teele: And just before you do, let me just ask you this: One through 8 equals what? Just
so we all stay on the same --
Commissioner Regalado: Five million. Five million.
Vice Chairman Gort: Four point five --
Commissioner Teele: No, no.
Mayor Carollo: Well, no, no. On number 8, those numbers could vary on number 8 a little bit. That's the
problem. The others are hard numbers, 1 through 7. But on Number 8, there's some that are varied.
Commissioner Teele: But you know what? I got to tell you this: With the exception of the universal
hiring grant, the items in number 8, really, are the number one items that should be done. Those are
maintenance items. And it winds up costing us more money when we defer maintenance on things like
roofs.
Mr. Gimenez: One through 8 is at eight and a half million..
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Commissioner Teele: That includes the one and a half million for the universal hiring grant, right?
Mayor Carollo: No. One million, three hundred and eighty thousand dollars.
Mr. Gimenez: Right.
Commissioner Teele: So if you leave out the universal hiring in 8, because that's really not necessary
until January, how much is that?
Mr. Gimenez: Well, we said it was eight point five. So if you leave that out, you're talking about seven
point two, seven point one.
Commissioner Teele: Seven point two. And the Miami Dredging is not required until the middle of next
year, right?
Mr. Gimenez: Right. But we need to identify that somehow in order to -- not to delay that project.
Commissioner Teele: What about the grant -- the settlement of a million and a half? When does that have
to be paid, Mr. Attorney?
Mayor Carollo: One point four
Mr. Vilarello: By the end of the next legislative session, if a claims bill is awarded.
Commissioner Teele: So we have until February.
Mayor Carollo: After January.
Commissioner Teele: So if you take that one out -- So if you do 1, 3, 4, 5, 6, 7, and 8 minus the universal,
you're at six million. That's half of what you project.
Mr. Gimenez: Yes, sir.
Commissioner Teele: Are you comfortable with half? Oh, you wanted time to discuss it.
Mayor Carollo: Why don't we give him a couple of quick minutes, and then let's bring it back. And after
they give us their recommendations, head or tails.
Commissioner Teele: Why don't we take up PZ number 5 and take care of these people. Why don't we
take up PZ number 5 and take are of all these fine people.
Vice Chairman Gort: For the sake of time, I was going to say let's take PZ -5 and then --
Commissioner Sanchez: PZ -5.
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Vice Chairman Gort: PZ -5.
•
Mayor Carollo: Before we take PZ -5, can I bring up -- well, first of all, let me bring up, if I can, because
we have a motion. We can't take anything else but .a motion and a second. This is how we left it in the
budget. There was a motion that you made and a second. So if I could bring up as a substitute motion, to
see if I get someone to make a motion, a substitute motion, this is one that I think we could all be in
agreement on. And this will be a motion directing the City Manager to go out and find an outside firm
that can analyze, beginning with our two largest departments that between both of them, they have 75
percent of the general fund, the Police Department and the Fire Department, to bring an outside firm that
can analyze the Police and Fire Departments as to each individual position within those departments, if
they're needed; the productivity level of all positions; any savings that they could find; how to better
improve services.
Commissioner Sanchez: More efficiency.
Mayor Carollo: Well, the efficiency level, of course, falls under the productivity level, something that we
need to be measured. The bottom line is that we know that if we're truly going to cut dollars, those two
departments have to be the two main departments that either we have the dollars there to cut or not. And
certainly, we could make sure that they could provide, and find ways to provide even better and more.
efficient service to the public.
Commissioner Teele: I'll make it as a substitute motion, as long as it's understood that this is something
that this Commission -- I know that the previous Commissioner that represented the district talked about
this. As long as this is not something that is viewed to be punitive --
Mayor Carollo: It's not at all.
Commissioner Teele: -- on either the Police Department or the Fire Department, with no stigma. I mean,
and I have confidence in our Manager that he can do this in a manner that is designed to get us at the issue
that you're talking about, which is what we want. It's just more efficiency in government.
Commissioner Sanchez: Second.
Commissioner Teele: And I would be pleased to make that as a substitute motion.
Commissioner Sanchez: Second the substitute motion.
Mayor Carollo: Yeah. OK. It's been made by Commissioner Teele, seconded by Commissioner
Sanchez. Now, the Manager might find the same company that could handle both of those departments.
But he might have to go to different companies, depending on what he finds out there. What I would like
to include in the motion -- because it's easy to make the motions, but you have to identify the funding
sources for it. The funding sources should be the following: For the Fire Department and maybe the
Police Department, it should be strategic reserve funds from the sale of the FEC (Florida East Coast)
property that we had. That's what they're there for. That's what the Oversight Board said that we should
those dollars.
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Commissioner Sanchez: And not to exceed what amount?
Mayor Carollo: I think the Manager will have to come back with the amount on that.
Commissioner Sanchez: Will come back?
Commissioner Teele: He's got to come back.
Mayor Carollo: For the Police Department, I believe that that's a valid expenditure of Law Enforcement
Trust Funds, and we should look at that avenue first.
Commissioner Teele: Well, I'm going to tell you this: I will accept that as a part of the motion, but as it
relates to the Law Enforcement Trust Fund, with the request, because the state law is very clear, we cannot
direct it. We can only approve the Chief's request.
Commissioner Sanchez: He's got to make the recommendation.
Commissioner Teele: And he's got to make that recommendation. So if -- -
Mayor Carollo: That's why I said, "to look at." We're not ordering that.
Commissioner Teele: Yeah. Well, make it real clear, Mr. Attorney, that --
Mayor Carollo: That's why I said, "to look at."
Commissioner Teele: It's a respectful request, you know, to the extent it's provided for by state law.
Mayor Carollo: In fact, I'll even say it's a very, very respectful request, pretty please.
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Yes.
Vice Chairman Gort: I have a question to the management. Can this be considered part of the blue ribbon
strategic reserves?
Mr. Gimenez: Yes, sir, because --
Vice Chairman Gort: What I'd like to add even to that, if we're going to do that with the Fire Department
and the Police Department, I've also -- at one time, we requested that when I first got elected here. I
would like to see -- and you had the audit report, where it shows a lot of improvements where we can
make within each department, where we could probably save a lot more money. If we can use those funds
and also do the same thing in all the other departments, as you see fit, if you see you can save money in
this.
Mr. Gimenez: Yes, sir.
214 1 9/28/00
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Mayor Carollo: Well, we're going to begin with Police and Fire, and eventually go through every
department in the City. But I'm bringing these two out first, because it's 75 percent of the general funds
budget.
Vice Chairman Gort: Right.
Commissioner Teele: I would so move and request.
Commissioner Sanchez: Second.
Mayor Carollo: OK. Hearing no further discussion, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-850
A MOTION DIRECTING THE CITY MANAGER TO HIRE AN
OUTSIDE CONSULTANT TO ANALYZE THE BUDGET OF THE
POLICE AND THE FIRE DEPARTMENTS RELATED TO
PRODUCTIVITY, SAVINGS, SERVICES, EFFICIENCY; SAID
STUDY TO BE PAID FROM STRATEGIC RESERVE FUNDS OF THE
FIRE DEPARTMENT; FURTHER REQUESTING THE CHIEF OF
POLICE TO DETERMINE WHETHER LAW ENFORCEMENT TRUST
FUNDS CAN BE USED TO PAY FOR SAID STUDY.
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
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•
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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56. DENY APPEAL OF ZONING BOARD DECISION WHICH DENIED SPECIAL EXCEPTION
FROM ORDINANCE 11000, THE CITY'S ZONING ORDINANCE, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, CONDITIONAL PRINCIPAL USES, TO ALLOW
DAYCARE FOR MORE THAN 20 CHILDREN (PROPOSED 30 CHILDREN) FOR PROPERTY
LOCATED AT 3681 SOUTHWEST 20TH STREET (Applicant(s): Deysi Gonzalez).
Commissioner Teele: Could we take up the PZ (Planning and Zoning) item?
Vice Chairman Gort: PZ -5.
Mayor Carollo: Just remember that when you take a vote, you're going to have to do it as a substitute
motion. Either that, or withdraw the motions.
Vice Chairman Gort: PZ -5.
Commissioner Teele: You're going to come back, aren't you?
Mayor Carollo: Yeah. I'm just going to step out for a second.
Vice Chairman Gort: Excuse me. Before you begin, anyone that's going to testify in the Zoning and
Planning hearing, please stand up to be sworn in. Anyone that wishes to testify, please stand up to be
sworn in. I haven't seen you in a while.
Joel Maxwell (Assistant City Attorney): Mr. Chairman, did you formally recess the regular, agenda?
Vice Chairman Gort: Yes, we did. We recessed the general and now we're going to the Planning and
Zoning items.
Mr. Maxwell: Thank you. Didn't hear it and just wanted to make sure that it occurred.
Vice Chairman Gort: Yes. It was very quietly.
Commissioner Sanchez: Swear everybody in.
Note for the Record: AT THIS POINT, THE CITY CLERK ADMINISTERED OATH,
REQUIRED UNDER CITY CODE SECTION 62-1, TO THOSE PERSONS GIVING
TESTIMONY ON ZONING ISSUES.
Vice Chairman Gort: Thank you.
Mr. Saul Cimbler: Before we begin, I had a pending motion, which was deferred till 7 o'clock, just to
remind you.
Lourdes Slazyk (Assistant Director, Planning and Zoning): You still want the continuance?
Mr. Cimbler: Yes, I do, and more so now.
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v
Dena Bianchino (Assistant City Manager): The gentleman is requesting a continuance.
Commissioner Sanchez: Who?
Ms. Slazyk: He is the appellant.
Vice Chairman Gort: He is the appellant.
Ms. Slazyk: Yes. This is the special exception -- it's an appeal of a special exception that was denied by
the Zoning Board.
Vice Chairman Gort: This was denied by the Zoning and by another department.
Commissioner Sanchez: He was against getting a delay this morning.
Ms. Slazyk: What was the question?
Vice Chairman Gort: My understanding is this has been in front of the Zoning Board, and was denied by
the Zoning Board.
Mr. Maxwell: That's correct.
Ms. Slazyk: That's correct.
Vice Chairman Gort: And we have --
Mr. Maxwell: That's correct.
Ms. Slazyk: Yes. And the appellant would like to request a continuance.
Vice Chairman Gort: And you're requesting for a --
Mr. Cimbler: Yes, as I did at 2 o'clock this afternoon for two reasons.
Vice Chairman Gort: For a recess -- I mean for --
Mr. Cimbler: Yes, for a deferral. I asked for it at 2 o'clock. It was an issue then and it's a worse issue
now.
(INAUDIBLE COMMENT)
Mr. Maxwell: Yeah. He's the appellant. It's at the discretion of the Commission.
Vice Chairman Gort: The discretion of the Commission.
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0
Mr. Maxwell: That's right.
•
Commissioner Regalado: I would move to hear the case right now, because it's been heard many times,
and it's a lot of people here. And I mean, you have been here for hours. So.
Mr. Cimbler: I've been here since 2 o'clock.
Commissioner Regalado: Right..
Mr. Cimbler: And I asked for a continuance, if I may.
Commissioner Regalado: So I will move to hear the case now.
Mr. Cimbler: I haven't even given you the reason, and you haven't even -- you're already voting on it.
Vice Chairman Gort: OK, go ahead. What is the reason?
Mr. Cimbler: I would like just the courtesy in these proceedings to state for it. I asked for the continuance
for two reasons. One was on medical reasons. All right?
Vice Chairman Gort: Beg your pardon?
Mr. Cimbler: One was on medical reasons. And that situation has been exasperated. I've had horrible
chest pain for 45 minutes, and can under no circumstances continue. Now, if you feel that it's, you know,
sufficiently necessary to roll over to the constituency, instead of having the courtesy of permitting me to
go get medical care, I may have to make a decision to stay here. That's number one. Number two, on
procedural grounds, as the City Attorney and the City Manager or the people in those chairs have
designated, I, for purposes here, am the appellant and have never received notice of this hearing. So on
due process grounds, no notice was ever sent to me. The medical reasons, I suggest, are sufficient. But if
you want to get technical, there's also those grounds.
Vice Chairman Gort: OK. Mr. Attorney.
Joel Maxwell (Assistant City Attorney): The administration can respond to whether or not he actually
received notice. But secondly, he's here. So by virtue of being here, the fact of whether or not he was
delivered notice is not a material issue now. He's waived it by virtue of his appearance.
Mr. Cimbler: I disagree. There is procedural due process, but I'm not going to argue that.
Vice Chairman Gort: Thank you. All right, you can disagree on that. What's the wish of this board?
Commissioner Regalado: I move to hear the case now.
Vice Chairman Gort: OK. The procedure is he is an appellant that we hear from staff first, and then from
the appellant, and then from the neighbors. Right? Staff.
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Lourdes Slazyk (Assistant Director, Planning and Zoning): Thank you. Again, for the record, Lourdes
Slazyk, Department of Planning and Zoning. As I stated, this is an appeal of a special exception for a
daycare center, which was denied by the Zoning Board. The address is 3681 Southwest 201h Street. The
department is also recommending denial of the special exception. This is based on findings that the
property is located on the corner of Southwest 20th Street and 37th Avenue. It's a major traffic
intersection, which coincides with the main entrance on 37th Avenue to Coral Gate, which is a very stable,
single-family, residential and closed community. This project will have an adverse impact on the
vehicular circulation at this major intersection, therefore affecting negatively the surrounding area. It will
change the character of the Coral Gate area. And for that reason, we recommend denial.
Vice Chairman Gort: My understanding is that a violation has been cited, working without a permit.
(INAUDIBLE COMMENT)
Vice Chairman Gort: According to the fact sheet that I have here.
Ms. Slazyk: There is no violation on file. We'll find out.
Vice Chairman Gort: Check it, because that's what you have here. OK. Yes, sir.
Ms. Slazyk: I was just told that they were before the Code Enforcement Board yesterday, and it was
continued to October.
Commissioner Winton: So if they were before the Code Enforcement Board that means they were cited.
Vice Chairman Gort: Right. OK.
Mr. Cimbler: Yes. We were cited. We pulled a permit to fill in a pool. The pool was filled in.
Somebody made a determination that the -- for lack of abetter -- the .brim around the pool should have
been destroyed. We did everything that the permit said. The inspector, herself took it back to the Code
Enforcement Board, and that was the end of that.
Commissioner Teele: Did he give his name for the record?
Vice Chairman Gort: I need your name and address for the record, please, sir.
Mr. Cimbler: My name is Saul Cimbler, 1825 Ponce De Leon Boulevard, Suite 270, Coral Gables,
Florida. The subject property sits on the outskirts of the City limits of the City of Miami. The property is
right here. This is 37th Avenue, which on the east side is the City of Miami. On the west side is Coral
Gables. The property itself is right here. This circle right here is a circle that creates a cul-de-sac into
Coral Gate. Coral Gate is a community, as you know, several years ago was closed off, so the traffic
circulation in and out of the community is limited to basically this area and also Coral Gate Drive. Most
of the traffic for this neighborhood comes out into Coral Gate Drive. There are some people who come
out through Southwest 201h Street where this property fronts, and also come out through 18t and I believe
it's also 7th Street, which were alleys that were converted into streets for purposes of that conversion.
What is being requested is the use of a daycare facility. The homeowners association, who are the people
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you have here, have a newsletter that they pass out. This newsletter is important, because it puts in
perspective what is really the issue here. The homeowners in Coral Gate and we, as the owner of a
property in Coral Gate, have the same concern, which would be the ultimate commercialization of Coral
Gate. Coral Gate is a community that half a block to the south of us has Sears and some office buildings,
and to the north has the Rivero Funeral Homes, and the markets and such. There are concerns from these
neighbors that -- and really, that's the totality of what's going on here. It's camouflaged in other
arguments. What they're really worried about is that if we get the right to open up a daycare that that will
be interpreted as a matter of law as commercialization. We are requesting, so there's no
misunderstanding, is not a change of zoning. The creation of a daycare is not only a permitted use in a
residential zone in the City of Miami, as it is in all of Dade County, but under your master plan, it's
something that's encouraged. People should be able to drop their kids off at a daycare in the community
that they live. But the Coral Gate Association has escalated this into a misinformation campaign. And
I'm going to present this for the record when the City Clerk is back. It's the update -- and I want to read
it, for the record. The update on Coral Gate's fight against commercial encroachment. And it says:
Thank you to all of our Coral Gate neighbors who gave their support at the Zoning Board hearing on July
24th. More than 50 Coral Gaters showed up to make a statement about our entire neighborhood's
commitment to, quote, "fight commercial development." Members of the Zoning Board heard both sides
of the issue, and then voted unanimously to deny the request by the owners of the home at 3681 Southwest
20th Street for a special exception to change the use of the residential property to that of a daycare center
for more than 20 children, parentheses, 30 children provided. The battle is not yet over. The developer
has appealed the Zoning Board decision, so we will repeat our plea before the entire City Commission on
Tuesday, September 28th. Your homeowners association will lead the fight to preserve our residential
community. We need you to attend the meeting to join us in the fight against commercial encroachment.
We mean "business." What they're worried about are two things: development and commercialization.
Number one, we are not developers. My wife, who is here and her mother purchased this property to open
up a daycare. And the reason they did that is because we have a three-year-old son. When we started
looking at places to put our three-year-old son into a daycare in the City of Miami, and in Coral Gables,
and even in Miami Beach, we were pretty appalled at what was out there. And my wife, who is trained in
this field and who works in another daycare facility in the City of Miami said, "You know what? We can
do better." And we found this property. And she looked, and she looked and she looked. And we looked
at 14 or 15 existing daycares, and we put contracts on them. And when we saw what was going on there,
we said we would never buy a place we wouldn't let our son in, so let's start from the ground up and go
from there. And that's all that this is about. This is not about commercialization. To the contrary. The
contradiction in their battle against us is that the best way for Coral Gate to assure that there will be no
commercial development along 37th Avenue, either by application -- because somebody can buy another
property and go to a Circuit Court. And a Circuit Court, unfortunately, could usurp your decision. The
best thing for Coral Gate to do would be to support this property as using -- as a specific use of a daycare,
especially in the way that we've agreed to do it. We've agreed to have a covenant running with the land
saying that this property will never be sold to anybody who doesn't maintain it as a daycare or turns it
back into a residence. They refused to do that. Most of the residents don't want that, because they've
been misinformed. This is what the Coral Gate 'Community Association is telling them. .So when I see
people in the Coral Gate community, and I talk to people in the Coral Gate community, and I explain to
some of them what's really going on, some of them understand. Some of them have been supportive. But
they don't feel that they're going to come forward, because they don't want to piss off their neighbors.
It's a strong association and we encourage that association, because if we get this through, either here or
on an appellate level, we want that association to be strong, and we'll be a part of it. And I'd like to
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formally enter that into the record. So for purposes of the Clerk, I'm going to enter all these exhibits into
the record. This exhibit in particular is a site plan for the subject property. The site plan was painfully
prepared and re -prepared, and re -prepared until the Planning Department agreed that it met'all the criteria,
every single criteria for a daycare facility. It has all the things that are needed. It has all the handicapped
parking. It has absolutely everything that permits you all to approve it. The reference to the area back
here, all this back here is a playground. When I show you some other pictures in a minute, you'll
understand why this is important. As the legend states, the green area is over 4,000 square feet. This is an
8,900 square foot lot. And that's also very important; because we didn't just pick this site to say, well,
let's have a fight with the people in Coral Gate. The reason we picked this lot is because the City of
Miami Code requires that for a daycare facility to have more than 20 children, it must have more than
7500 square feet. And unfortunately, this is one of the few pieces of property that's not a warehouse,
that's not a shopping center that qualifies for this. That's why this property was picked. It meets all the
setback requirements and it has all the requirements that are necessary for us to go forward and open this.
After we painfully obtained the Planning Department's sign -off on this and they agreed that everything
was fine, three or four or maybe five days before the Zoning hearing, the Zoning Appeals Board hearing,
Mr. Lavernia in the Planning Department showed me the recommendations and told me about this issue
that was now presented concerning traffic and circulation. 'And I asked him, "Where did this come up?
When we met a week or two before and we finalized all the plans, you didn't raise this issue." He frankly
told me, as he frankly always is that the reason that was put in there is that the homeowners association
lobbied for it. It was not a technical requirement of the Planning Department, and it was put in there at the
insistence of the homeowners. Now, as opposed to what we -- let me -- To get a little bit better idea,
because the plan is hard to read, especially from 30 feet away, this is the subject property. We have
different angles of it. Here is the intersection in question. This is the property in question. As you see,
what is used as the front of the house is really the side of the house. It's a wide lot. All this area back
here is for the playground. As you see, across the street are huge office buildings. Why anybody would
want to live and use this as a house is beside me. Here is a view of the house from the west side of 37th
Avenue. As you can see from in here, here is the cul-de-sac where cars would come in. They would
come around into the house and right back out. Traffic circulation couldn't have been better planned if we
had bought an empty lot and built it. It is an absolute natural use for a daycare facility, because you can
come in off 371h Avenue, turn around, drop your kids off and go. Such is the width of this that it doesn't
disrupt traffic for the few residents who decide to come out of Coral Gate through here, 'because it's --
although this is in a double lot -- a double lane, it widens out. Now, I want you to take a look at this
picture, because what you're going to see now might disturb some of you who care about how kids are
raised in the City of Miami, because I'm going to show you a daycare facility four blocks away. And
since it's incumbent upon you not to treat us any worse than you've treated other applicants, it's going to
become important. Remember, we have parking. We have 4,000 square feet of playground area, and we
have adequate parking. Now, I'm going to show you what's available three blocks away, and what this
Commission has approved. Here is the Happy Dreams Daycare Facility.
Commissioner Teele: What's the name?
Mr. Cimbler: Happy Dreams Daycare Facility. Happy Dreams. The Happy Dreams Daycare Facility is
located at 1373 Southwest 37th Avenue. It's exactly six blocks south on this same street. This 400 square
foot playground area, along with this 150 square foot facility area, which is 600 square feet, services 110
children. That is what this City Commission has approved. This right here is the view from 37th Avenue
looking east. What is incredible is that this facility, which has 100 kids, has two parking spaces, one of
222 9/28/00
those parking spaces right here, and one here. This parking space right here is supposed to be their
handicapped space, and by definition, has to be a handicapped space. This is what they're using for their
drop-off. Which means that when 100 kids are dropped .off here, they dump a car in here, and traffic has
to back up. There's absolutely no circulation. Amazingly, one of the reasons that we are restricted to 30
children on our lot is because on our corner, just like there should be on this.corner, Public Works imposes
what's called a 15 -foot triangle of visibility. And in laymen's terms -- because it took me a while to figure
out what all that meant -- was that you need to be able to have 15 feet of clearance on that corner, which
means that this parking space right here is an illegal parking space. It was illegal when this was built and
it's illegal today. So down the street, you have a facility housing 110 kids with one legal parking space,
and with a handicapped space that's being used for their drop-off, with a playground area of 600 square
feet servicing 110 kids. The representative from Planning can tell you that they need considerably more,
probably three to four hundred percent more area to service these kids. One of the arguments they might
make is, wow, we were duped. They told us they were going to have ten kids. Now they have a hundred.
They've known about this for months. They've done nothing about it. The reason they've done nothing
about it is they don't want to hurt this daycare, because there are no daycares -- there are no adequate
daycares in the City of Miami. You have kids who cannot go to daycare, can't go to a private daycare, let
alone afford one because there's nowhere for them to go. Why? The City of Miami requires that for a
daycare facility to be built, it's got to be on a lot that's 8500 feet or more. Those lots don't exist. There's
very few of them. So we travel down the street a little bit more, 37th Avenue, and what do we find? On
Southwest 2nd Street, there's another daycare facility. This is a daycare facility -- OK? -- which is in a
warehouse, and incredibly, is next door to a store that sells alcohol. They sell beer and wine there all day
long, next to a daycare facility: This daycare facility, from what we're told -- and as I can tell you the
exact count for the other one, I can only speculate from what I'm told here -- has 85 children. There are
two parking spaces. , As Planning will tell you, it requires considerably more. And I suggest to you that
there's nothing sinister going on when these things were approved. The reason they were approved is
because there's nowhere else to have daycare facilities. This daycare facility on one side has a liquor
store. On the other side, it has a used car lot, which you can see right here. And these are two examples
of the better existing daycare facilities in this area. There are some closer to the airport that are really
beautiful facilities, which, like this property, lends itself to traffic circulation, lends itself to having the
right playground area. There's some on LeJeune Road, on the Coral Gables side, and some on the City of
Miami's side that are just right: There aren't many of them. That's where the need for this exists. I'm
sorry, are we on a break? It seems that certain Commissioners are --
Vice Chairman Gort: That's their right to do so. They've been sitting here all day.
Mr. Cimbler: I'm just trying not to be rude. I'm trying not to be -- talk over them.
Vice Chairman Gort: You're not being rude at all
Mr. Cimbler: Oh. OK.
Vice Chairman Gort: You're not being rude at all.
Mr. Cimbler: Going back to this graph, this is an aerial view, so you can see it a lot better of the traffic
circulation. Now, this sheet was provided by Miami -Dade County Engineering. It is the newest and most
recent aerial photo of this block. Southwest 37th Avenue is here. Southwest 201h Street is here. This lined
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item in white is the subject property. You will notice, just how I argued, circulation -- assuming someone
was coming northbound on 37th Avenue, they could turn in, go around the cul-de-sac, drop a child off and
leave. Only one, two, three houses, including the subject property are affected by anybody dropping
anybody off in here. Same thing if somebody is coming from 37th Avenue south. They could turn in and
go around. This doesn't even take in consideration what we would suppose would be people coming in
from Coral Gate who wouldn't even be creating an additional traffic item into this community. So from a
physical point of view, this is why we believe that the issues raised concerning traffic circulation just
aren't correct. They were politically raised. And I understand why they were put in there, but there's no
truth to them. This next exhibit -- And are we in agreement these are all coming into evidence? OK. So
we don't have to mark them. In here, we have two charts. The one on top. is an exhibit from the recently
completed draft of the City of Coral Gables traffic study. As you know, because of the new Merritt Center
they're building, the City of Coral Gables is really taking a comprehensive look at what's going on with
their traffic to see where things have to be tightened up. One of the roads that they analyzed is Alhambra,
east of Ponce, which is us. It shows that that road has 7,031 cars going eastbound per day, 3,076 going
westbound per day. It shows that in peak hours, there's 392 cars going eastbound, 442 going westbound.
Here on the p.m. peak, which is 4 to 6 p.m., it has 577 cars going eastbound and 212 cars going
westbound. Even if we assume that nobody from Coral Gate, because they don't like us or they don't
have kids, or for whatever reason, that nobody from Coral Gate is going to have their kids go to this
daycare facility, and 30 kids have to be dropped off, the impact in this whole Alhambra area, with 10,000
cars going in and out of Alhambra Circle, east and west today would be 30 cars. That's significantly less
than one percent. So the impact that is being -- attempted to be articulated by innuendo just doesn't exist.
This is all about a misconception that because a daycare facility would be operated here that it would
permit other owners on 37th Avenue to come back to this Commission and argue, you know what?
There's commercialization there. So let me put something in there. And these residents should be
worried about commercialization, because they have a nice neighborhood, and we know it's a nice
neighborhood. So the issue becomes one of realization. Number one, this project is not
commercialization. We're not asking for a change in use. Nobody is going to be able to exploit this to
come back to this Commission. And I assure you, once we have a daycare, the ones who would be
screaming the loudest would be us, because the last thing in the world we want is any commercialization
on that street.. Approving this puts the homeowners, whether they want to realize it or not, in a situation of
saying, "Well, how are you going to permit commercialization next to this daycare?" It's just not going to
happen. You all aren't going to permit it. The other things that were --
Vice Chairman Gort: Sir, I'd like for you to please sum it up.
Mr. Cimbler: I'm going as fast as I can, but I need to make a record. So.
Vice Chairman Gort: I understand. But you're beginning to be repetitious.
Mr. Cimbler: I'll try not to be. The analysis for the special exception found that the use -- and I have here
in front of us the exact recommendations that are in your kit -- that the use is compatible with the existing
zoning designation. So I don't think Planning disagrees that this is appropriate for this neighborhood from
a planning point of view. It finds that the landscape is adequate, and it meets the City's design standpoints
and then rebounds to this one issue of traffic and traffic circulation. But neither the objective view of the
traffic circulation, the placement of this lot or the data, which was provided by the City of Coral Gables
study, shows that traffic is an impediment here. We've met all the requirements for a special exception.
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We ask that you approve them. We understand the political process. We have been told what your
decision is going to be. But I urge you to act objectively. Thank you.
Vice Chairman Gort: Staff, you want to answer?
Ms. Slazyk: OK. Real quick, for the record, I just need to clarify a couple points. Early in the
presentation, he said that this was a permitted use. It is not permitted by right. It is a conditional use by
special exception. The purpose of that is so the Planning Department can analyze them case by case
against specific criteria, which is what we keep calling 1305 in the Zoning Ordinance. That includes all
sorts of criteria on drainage, and ingress, and egress, and traffic and potentially adverse effects. In the
specific case, this specific case, what exacerbates the situation with the circulation is that Coral Gate is a
gated, you know, barricaded community. Because all of the cars have to come in and out of certain points,
a daycare center, even with 30 children, is going to exacerbate that situation, and it will change the
character of the neighborhood. You know, with all due respect, the numbers you were quoting there in the
traffic study was not a study of this intersection, and it was not a study that included the effect of
barricades and what it will do to this intersection.
Commissioner Regalado: Lourdes --
Mr. Cimbler: I'll respond to that. I don't want to cut you off.
Commissioner Regalado: Excuse me.
Vice Chairman Gort: Excuse me, sir. Nobody interrupted you while you were making your presentation,
so I would request that you don't do so. OK?
Mr. Cimbler: Well, she was looking at me like if she wanted a response, and I said, "I'm not going to" --
Vice Chairman Gort: Well, that's all right. You address this Commission, and we'll let you.. OK?
Mr. Cimbler: Yes, sir.
Commissioner Regalado: I think it's important to remind the members of the Commission -- well, to
inform, because probably the members of the Commission do not know this. But in the past one or two
years, we have had real serious problems with parking in that circle, because of the discotheque across the
street. Finally, we got Public Works from the County to place some signs, and the police can and are
enforcing those signs, the no parking signs. What used to happen is that people that would go to the disco
in the Hyatt would park around the circle or pick up people, and that created a serious problem. And it
seems to me that we're talking in that area, and because of that scenario of less than 30 cars. We're
talking about 30 cars. So I'm just saying this so that -- we dealt with that problem in the recent past in
terms of parking and traffic going around the circle. I just wanted to say that as part of your -- go ahead.
Ms. Slazyk: Thank you. One other thing -- actually, two more and then I'll be done. The meeting with
the Planning and Zoning Department that you had before your application was actually filed was to make
sure that the application met the minimum requirements. Planning sign -off was not an approval. It was
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making sure that minimum landscape requirements, minimum parking and all the minimal zoning
requirements were met.
Mr. Cimbler: Absolutely.
Ms. Slazyk: It was not an approval. We don't speak to the neighborhood associations prior to a
recommendation. The recommendations are arrived at, at a meeting with all of the different disciplines in
the City of Miami, including Public Works, the Law Department, Planning, Zoning and the NET
(Neighborhood Enhancement Team) Office. The Net Office explained to Mr. Lavernia that ,there was a
neighborhood concern, and that's what he shared with you. But that was after a recommendation had been
derived. He didn't speak with the neighborhood association. We hear from the NET Office. They are our
representatives in the neighborhood. So I just wanted to explain where that came from. And also, you
kept talking about the lot size, and daycare centers, and this is the only residential one in the area that
meets the lot size. The minimum lot size for doing this many kids in residential is this much because you
can't meet your green space and your parking without it. But there are plenty of other properties zoned
other zoning categories that do allow daycare centers that don't have this minimum size requirements. So
there are opportunities elsewhere in, the community for the daycare center. It doesn't have to be in a
single-family neighborhood with these particular conditions around it.
Vice Chairman Gort: OK. Those in opposition. You'll get a few minutes for rebuttal after we hear from
the opposition.
Mr. Cimbler: Thank you. I appreciate that.
Vice Chairman Gort: Yes, sir.
Mr. Maxwell: Did you say they were sworn in? .
Vice Chairman Gort: Everybody was sworn in. Yes, ma'am.
Mary Andreu: Yes. My name is Mary Andreu. I live at 3270 Southwest 16th Terrace in Coral Gate. I am
the president of the homeowners association. I want to thank you tonight for letting us present this --
Unidentified Speaker: Speak right into the mike.
Ms. Andreu: Of course. -- to submit this information for the record. The homeowners of Coral Gate are
here tonight in opposition to the conversion of the home at 3681 Southwest 201h Street from a residence to
a daycare business for as many as 30 children. The board of the Coral Gate Homeowners Association met
on July 18, 2000 and voted unanimously to opposed the planned commercial use of the residence in
question. On July 24th, the Zoning Board heard both sides of the issue, then voted unanimously to deny
the request for a special exception. For the record, the Planning Department and the Coral Way NET
Administrator presented the reports, and both recommended denial. One of the principal goals of the
Coral Gate Homeowners Association is to preserve the unique atmosphere of our neighborhood, according
to the amazing foresight of the developer over 50 years ago. The Woolen family, as developer, provided
various house designs, winding streets, wide swales, generous sidewalks, and an overabundance of trees
and boundary walls to define Coral Gate, the first planned community in the City of Miami. The 463
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single-family homes were completed in 1949 and 1950. I now refer to the City of Miami's own Master
Land Use Plan. Policy LC1.1.3 states: "The City's Zoning Ordinance provides for the protection of all
areas of the City from the encroachment of incompatible land uses. Goal HO -1 expresses the intent to
increase the supply of safe, affordable and sanitary housing for low and moderate income households."
Policy HO -1.1.5 states this mandate: Continue to enforce and when necessary, strengthen those sections
of the land development regulations that are intended to preserve and enhance the general appearance and
character of the City's neighborhoods." Policy TRI A.1 mentions Coral Gate by name as a well-defined
neighborhood. In fact, the City honored Coral Gate on its 50th anniversary in January with a proclamation
that cites: "The homeowners of the Coral Gate neighborhood have always given unselfishly of their time,
energy and ideas for the betterment of not just Coral Gate, but all residential and commercial
neighborhoods in the City of Miami." As you know, much time and effort have been expended by an
endless number of homeowners throughout the years to make sure that we have not and will not be
destroyed by the commercial development surrounding. The developer of the site in question is welcome
in Coral Gate as a resident. If he resides in that house, that's a different story. But he's talking about
opening a business.
Vice Chairman Gort: Next.
Charles Garavaglia: Good evening, Commissioners. Charles Garavaglia, 1920 Southwest 36th Court,
directly behind the property in question. I have some prepared remarks here, but I thought I would just
start out with a -- I think it's a saying: A rose by any other name is still a rose. And even though he may
claim it's not commercial, this is commercial intrusion into our very stable residential area. I'd just like to
briefly talk a little bit more about commercial encroachment, and I guess the way we feel about it as a
homeowners association. After an administrative decision without public hearing allowed the destruction
of a home in Coral Gate, we were able to get together and decide that, that was it. We weren't going to
allow any more of that to happen. Later, many of you know the Valladeros Supermarket attempted to
level four homes on Southwest 21s' Street. This battle became the stuff of legends. We picketed, and
demonstrated, and even took out an ad in the Miami Herald, explaining our great desire to preserve the
neighborhood. This desire has not and will not change. However, don't be misled into thinking that the
Coral Gate Homeowners Association is anti -commercial. Before and during the building of the Miracle
Center Paseos Project, we enjoyed a mutually beneficial relationship with the developer. We supported
Sears in their expansion of their store, supported Boston Market, supported Kentucky Fried Chicken with
their petition to the City Commission to change of their site plan around, and we are looking forward to a
brand new Walgreen's entering our neighborhood. Commercial uses such as this were planned for and
platted for, as part of the Coral Way Corridor. We object to the comparison of this site in Coral Gate to
other daycare centers that have sprung up in high-density multi -family areas of Miami and Coral Gables.
The property owners site as examples the Happy Dreams Daycare .Center on 37th Avenue. This site is
clearly located in an RC zoned location, and is very -- and a much higher density of R2 duplexes and
apartments. There is simply no comparison between the two areas. And as a personal note, I'd like to let
you know that I was born and raised in the City of Mianii. When it was time to purchase a home and
begin thinking about raising a family -- I think, Mr. Teele, I've heard you say many times that we're
losing a lot of our professionals to other areas, to Broward, to Kendall -- I decided to stay in the City of
Miami, purchase a home in the City of Miami, pay taxes in the City of Miami, and hopefully, if I can ever
find her, marry and become -- and even provide more tax base to you.
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Vice Chairman Gort: Well, for those of you in Channel 9, here we have a single guy available. Phone
and address?
Mr. Garavaglia: 1920 -- no, that's all right. Thank you.
Gloria Xiques: Good evening. My name is Gloria Xiques. I live at 3320 Southwest 17th Street. We are
proud of Coral Gate and of our work to enhance our community, because this is the place that we all call
home. Our efforts to preserve the residential character of our neighborhood has also extended to the
successful control of traffic. Beginning in 1987, representatives of our organization'had requested traffic
studies, four-way stop signs, speed enforcement, et cetera. Traffic studies revealed that the daily cut -
through of 11,000 cars at an average of 45 miles per hour was making our streets increasingly unsafe.
This odyssey culminated in our funding the construction of seven traffic diverters in the Coral Gate
neighborhood. Because of our commitment to our neighborhood is so great, we gladly paid for these
safeguards. Our efforts and our pride to maintain the historic character of our neighborhood also includes
our natural surroundings. In the early 1990s, we took a garbage -ridden traffic circle at Southwest 201h
Street and Douglas Road, which contained one historic banyan tree and made it a landmark. With the
voluntary work and planned donations of residents, including myself, we transformed it into a green,
welcoming statement now known as the (inaudible) Circle. The Coral Gate Homeowners Association has
continued to maintain the greenery at our own expense. Before Hurricane Andrew, past president, J.C.
Fernandez applied for a Florida State tree grant. We are the only homeowners association in the State of
Florida to have been given such an award. As a result, 100 shade and flowering trees were planted in the
public swales. They are voluntarily maintained by each homeowner. These are living testimonies of our
residents' dedication to maintaining our neighborhood as a refuge from the organization around us. We
are commended by the City of Miami Committee on Beautification and Environment for this work, and
it's entered as Exhibit A -- 1 -- I'm sorry. Our efforts are not solely in the public areas. We have also
distributed 100 oak and mahogany seedlings to residents to plant on their own properties. Beauty and
environmental design were gifts to our community over 50 years ago. We continue to pass.the torch from
neighbor to neighbor, decade to decade, to preserve the beauty, safety and quality of life enjoyed in Coral
Gate. And today, I respectfully request each of you to help us maintain it. Thank you.
Vice Chairman Gort: Thank you. Hold it, hold it, hold it, please. We've still got a lot to go. Please, let's
not be repetitious.
Graciela Valanasategui-Garrido: Oh, I won't be. Graciela Valanasategui-Garrido, 3620 Southwest 201h
Street. Good evening. The Coral Gate Homeowners Association objects to the conversion of the single-
family home at 3681 Southwest 201h Street to a commercial venture, a daycare center for up to 30 children.
We are greatly concerned for the safety of the children playing in the yard at this proposed daycare center,
just yards away from the site of frequent car accidents. Douglas Road is a boundary line for Miami and
Coral Gables, so we have submitted traffic accident reports from each municipality. Commissioners, we
are alarmed to think of the risk these children might face at the proposed daycare. You might not know
about'it, but years ago, Mr. and Mrs. Allen, who lived on 18t Street -- this is, of course, before our
barricades -- they are the second house from the corner. They were sitting in front of their garage. An out
of control car on Coral Gate Drive, over 150 feet away plowed into them, and they both are deceased
because of this. So the fact that the daycare center's playground is going to be on the east side of the
property might not make a difference to an out of control car. Permitting this site to be changed to a
commercial profit-making venture for a non-resident owner invites trouble. Without an owner at home,
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the upkeep and maintenance will be neglected. We feel that during non -business hours and days, empty
parking areas will invite vagrants, gangs and undesirables into the neighborhood. Denial after denial after
denial by homeowners association, Zoning Board hearing, Planning Department, NET Administrator.
Yet, we must keep coming to plead our case. The issue has been heard and reheard. Commissioners, the
site and its surrounding area is not and never was designed to support a commercial venture. The roadway
infrastructure clearly does not lend itself to the potential added traffic congestion during drop-off and
pickup for 30 children. As it stands now, some of the other roads that access Douglas through Davis
Citrus Farms are inadequate. And those are Exhibits K through L of your own Public Works Department
that evaluated those intersections and concluded that they were substandard. We respectfully request that
you deny this application, and we ask you to stand by your master plan and help us preserve Coral Gate as
the unique community and the,historic community that it is. And it is an asset to the City of Miami. And
we thank you for your time, and we thank you for your support.
Vice Chairman Gort: Thank you. Anyone else? OK, sir, you have a few minutes for rebuttal.
Robert Kirby: One more person. One more.
Vice Chairman Gort: OK, I'm sorry. Go ahead.
Mr. Kirby: My name is Robert Kirby, and about two hours ago, I closed on the house located at 3281
Southwest 20th Street. And I am an environmental professional, similar to the one that he mentioned. The
reason I moved to that neighborhood was because of the residential single-family character of the
neighborhood, and the beauty of the neighborhood. And I ask that you respect the wishes of the folks who
have been long-time residents of the community, and oppose the encroachment by commercialism. Thank
you.
Vice Chairman Gort: OK, sir. Yes, sir.
Mr. Cimbler: May I? Let me first talk about Ms. Garrido's concern about a child possibly getting hit.
Once again, we go back to this chart. This is the west side of the house, which is 37th Avenue. This is the
south side of the house, which is Southwest 201h Street. The playground is back here. In order for a child
to get hit, the driver of a car would have to drive through the house. And if that happens, which is an
unbelievable thing, then that could happen. I appreciate her concern. It's physically impossible for a
child to get hurt. Regarding the comments made by staff, the data that was presented is data for this
specific intersection, and this street, Alhambra and 37th Avenue. The comments that Mr. Lavernia made
were made, and I reiterate, before -- his comments to me were that those references there to traffic were
made only because the homeowners wanted to see this not get done. As far as other opportunities, there
are no other opportunities, unless a parent -- and I wouldn't put my child in that position, I wouldn't let
another -- wants to subject their children to the Happy Kids scenario, or to let their kids be raised next to a
liquor store on one side and next to a used car lot on the other. No disrespect to those business
establishments, which I understand are fine business establishments. All the other arguments that you've
heard about traffic, and kids getting hurt, that's all a smoke screen. What these residents are concerned
about is commercialization on 37th Avenue. This is not commercialization. This is a permitted use.
Daycares are permitted in a residential neighborhood. And this will not, under any circumstances, create
that. We are not asking for here anything more than what has already been granted to people like Happy
Kids and this other one on Southwest Second Street. To the contrary, our application is not revolting. It
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meets all the technical requirements. And the denial of a special exception, I respectfully proffer, would
be abuse of your discretion. Politics aside, this is the right thing to do. You want to ingratiate yourself to
homeowners, vote the Way that you want to.
Vice Chairman Gort: Thank you, sir.
Mr. Cimbler: Just before we do that, just for the record, I'm submitting all of these in for the record,
including the presentation of the Coral Gate.
Vice Chairman Gort: You have to put them in, yes, sir. OK. We'11 close the public hearing.
Mr. Cimbler: Exhibits binder.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Mr. Chairman, I think that We have heard all the details of this argument, and
I'm ready to introduce a motion. I would tell you, sir, that you keep talking up here about this being
politics. It is not. We have a responsibility as members of the Commission to vote with -- first of all, with
information that the people that we pay, the Administration gives us; also, with what we see and the vision
that we have for the residents of the City of Miami. Three wrongs don't make one right. So I'm -- I don't
understand why you took those examples with -- if it's true what you said, inspectors should be there to
check on those properties, because they shouldn't be like that. I believe that, as a matter of fact, those
properties on 37th Avenue. This property is not facing 37th Avenue. It's on 20th Street. I still say that the
major problem will be traffic, and danger to the children and to the residents of the Coral Gate area. So,
Mr. Chairman, I'll introduce a motion to deny the variance and deny the appeal.
Commissioner Winton: Second.
Mr. Maxwell: Excuse me.
Vice Chairman Gort: Wait, wait a minute.
Mr. Maxwell: This is a special exception.
Commissioner Regalado: I'm sorry?
Mr. Maxwell: Special exception.
Commissioner Regalado: To deny the special exception.
Mr. Maxwell: This would be a motion -- If I see your intent, that would be a motion -- I'm sorry.
Mayor Carollo: Let me ask, for the record, did we withdraw the previous motion that we had on the
budget?
Mr. Maxwell: This is on a special exception.
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Mayor Carollo: There was a motion made by Commissioner Teele before, a second.
(INAUDIBLE COMMENT)
Mayor Carollo: We did, but the other one still stays, then. You know, we passed the substantive, but after
you passed the substantive, you're supposed to go back to the other one. So the other one still stays. You
need to withdraw.
(INAUDIBLE COMMENT)
Vice Chairman Gort: We have to finish up on that. We (inaudible).
Mr. Maxwell: This would -- Sorry. Is the Mayor through?
Mr. Gimenez: The motion is?
Mr. Maxwell: Yeah, it would be a motion denying the appeal and affirming the decision of the Zoning
Board.
Commissioner Regalado: Yes, a motion denying the appeal. That is, that would be my motion.
Commissioner Winton: Second the motion. Second the motion.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
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v
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-851
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), DENYING THE .APPEAL, AFFIRMING THE
DECISION OF THE ZONING BOARD, THEREBY DENYING A
SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO ALLOW A DAYCARE FACILITY FOR MORE
THAN 20 CHILDREN (PROPOSED 30 CHILDREN) FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3681 SOUTHWEST
20TH STREET, MIAMI, FLORIDA,. LEGALLY DESCRIBED ON
EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Winton, the resolution was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: We now recess the PZ and go back to the budget.
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.
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57. (A) EXPRESS INTENT THAT IN EVENT GENERAL FUND BUDGET SURPLUS IN
EXCESS OF AMOUNTS FORECASTED FOR FISCAL YEAR 1999-2000 IS IDENTIFIED AFTER
COMPLETION OF ANNUAL AUDIT IN JANUARY 2001, SURPLUS FUNDS SHALL BE.
SPECIFICALLY EARMARKED TO FUND CERTAIN PROJECTS AND PROGRAMS (See #55).
(B) RELATED TO $2.7 MILLION ESCROWED BY MIAMI-DADE COUNTY, ONCE CITY
RECEIVES FUNDS, HAVE ONE-TIME REBATE OF SOLID WASTE FEES, SUBJECT TO
COMPLIANCE WITH FLORIDA STATE STATUTES (See #55).
(C) EMERGENCY ORDINANCE: AMEND APPLICABLE SECTIONS OF ORDINANCE
NO. 11839, ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS
ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2000 FOR PURPOSE OF ADJUSTING
APPROPRIATIONS (See #55).
(D) AUTHORIZE LAW DEPARTMENT TO ADD THREE POSITIONS: ONE ASSISTANT
CITY ATTORNEY, ONE PARALEGAL AND ONE LEGAL ASSISTANT.
(E) REQUEST MANAGER TO TAKE INTO ADVISEMENT CREATION OF POSITION
OF SENIOR LIAISON FOR POLICE ACTIVITIES AND OTHER GOVERNMENTAL BODIES,
INCLUDING FEDERAL GOVERNMENT, TO FURTHER PROTECT CITY, TO BE PART OF
GRANT SOLICITATION PROCESS.
(F) SECOND READING ORDINANCE: MAKE APPROPRIATIONS RELATING TO
OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR 2000-2001; REVISE
ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW
PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2000-2001 (See #55).
Vice Chairman Gort: OK. What do we need to do?
Commissioner Sanchez: Well, what is -- let's get a legal opinion.
Vice Chairman Gort: Where are we at on this motion on the budget?
Commissioner Sanchez: I think the substitute kills the motion. You've got to present it again.
Commissioner Teele; The substitute motion killed the underlying motion. If it were an amendment, it
would be -- you'd be back on the floor.
Mayor Carollo: It's an amendment, which is what it actually does. But Mr. Manager, what is the
recommendation of the Administration, so we could try to finalize this?
Mr. Gimenez: . We recommend that there be a budget ordinance effective for this fiscal year for
approximately five point seven million dollars ($5.7 million).
Commissioner Teele: I would so move the ordinance as an emergency ordinance.
Commissioner Regalado: Second.
Commissioner Teele: Could you read into the record, please, or could you read into the record essentially
each of the line items contained, and the dollar amount?
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Mayor Carollo: Let me make one change with the approval of the maker and seconder of the motion, and
that is in the Miami River Dredging Project. After final and further consultations, it is one million dollars
($1,000,000), the minimum that we could get by with. For the record, the County only --
Commissioner Sanchez: So it's one million instead of one point two?
Mayor Carollo: Yeah, only one million.
Commissioner Sanchez: OK. Just for my clarification, it's an emergency ordinance, and all it changes is
the date, from 2001 to 2000 -- I mean to 2000, and then the fiscal year, instead of 2000 to 2001, to 1999,
correct?
Mayor Carollo: Right.
Joel Maxwell (Assistant City Attorney): Mr. Mayor, we don't have a copy of the emergency ordinance
that you are reading from.
Mayor Carollo: Well, I have -- you could read the --
Mr. Maxwell: OK.
Mayor Carollo: Give them the resolution.
Alejandro Vilarello (City Attorney): I'm sorry. We've been working on --
Commissioner Teele: You're working on the ordinance itself?
Mr. Vilarello: -- the emergency ordinance. And I'd really prefer to pass that and the correct caption.
Commissioner Teele: OK.
Mr. Vilarello: And the attachments. The Commissioner correctly read the caption, but it's important that
we have the attachments.
Mayor Carollo: OK. Then can you pass this back as we're waiting for the ordinance?
Mr. Vilarello: Yes, sir.
Mayor Carollo: Then maybe we could vote on a separate resolution with the rest of it. We would leave -
we would leave only Number 9. The balance of funds to be used to provide residents a one-time rebate of
solid waste fees. And I would include in here subject to the Manager not recommending any other capital
projects.
Commissioner Teele: Mr. Chairman, the way I would prefer to make the resolution, the way that it has
been written would be the resolution as it's written, with the exception that Item t would be stricken, Item
2 would be retained, Item 3 would be stricken, Item 4 would be stricken, Item 5 would be stricken, Item 6
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would be stricken, Item 7 would be stricken. The only portion of Item 8 that would remain would be the
budget of the Police Department for the un -funded Universal Hiring Grant, Roman Numeral II positions.
And then Item 9 would remain with the clause that you're adding.
Mayor Carollo: OK.
Commissioner Teele: The balance of the funds to be used -- to provided residents on a one-time rebate of
solid waste fees and/or capital projects that are recommended in writing by the Manager.
Mayor Carollo: The only addition that I would include, to be very specific on the record is that the Police
Universal Hiring II comes to its one million, three hundred and eighty thousand dollars ($1,380,000).
Commissioner Teele: Yes. Put that in parentheses in that.
Mayor Carollo: Yeah. That would be perfectly fine with me, if the maker -of the motion would make that
motion.
Commissioner Teele: I would so move, Mr. Chairman. Now, this is a resolution that is exactly as it's
written, with the exception of the things that have been stricken.
Mayor Carollo: Yeah.
Commissioner Teele: And the approximate --
Commissioner Regalado: Resolution or ordinance?
Commissioner Teele: This is a resolution.
Commissioner Sanchez: It's different. It's a resolution.
Commissioner Teele: This will be back to the basic resolution.
Mayor Carollo: Yeah, this is a resolution, only, right.
Commissioner Teele: And in effect, what we would do is we would be continuing the Ortiz settlement,
which would be included in this. We would be including the Universal Hiring Grant, which would --
Roman Numeral II -- with a parentheses of whatever that amount is, is read into the record by the Mayor.
And we would be -- the third item would be: The balance of the funds to be used to provide residents a
one-time rebate of solid waste and/or expenditure of capital, funds for capital projects, as recommended
by the Manager.
Commissioner Regalado: Excuse me. Can I? Clarification on that. The Manager has already identified
capital projects. These are --
Commissioner Teele: No. We're not talking about these capitals.
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Commissioner Regalado: No, I know, I know, I know. But these are others.
Commissioner Teele: Well, the word, "other" capital projects.
Commissioner Regalado' Other capital projects.
Commissioner Teele: Right.
Commissioner Regalado: That would come out instead of the rebate, right?
Commissioner Teele: No. The word -- the balance of the funds to be provided residents a one-time rebate
of solid waste fees and/or capital fund -- capital projects as recommended by the Manager. So it could be
-- the money, whatever is left could wind up going for a rebate, or it could wind up going for capital
funds, or a portion of it could go for capital funds and a portion for rebate.
Mayor Carollo: That's correct.
Commissioner Teele: But the provision here is this would not be capital funds --
Mayor Carollo: Without the approval of the Manager.
Commissioner Teele: -- that the Commission recommended, but it would have to come from the
Manager.
Commissioner Sanchez: Was there a second to it? I'll second it. You made the motion. I'll second it.
Mayor Carollo: Commissioner Sanchez seconds it. Question?
Commissioner Winton: Two things. One is, in this motion, then, what happened to all of the other capital
projects that were in Number 8?
Commissioner Teele: Those are going to be --
Mayor Carollo: In the ordinance.
Commissioner Sanchez: In the ordinance.
Commissioner Teele: -- appropriated in the emergency ordinance.
Mayor Carollo: In the ordinance.
Commissioner Teele: Right now.
Mayor Carollo: Yeah. So everything that was read, all of those emergency -- all of those projects that he
listed, you know, the roofing and this, we're going to appropriate those funds tonight in an ordinance.
236 9/28/00
Commissioner Winton: Got it. OK. I understand that part.
Mayor Carollo: The only thing that will be voted upon in this resolution are the inclusions that were
mentioned here along with number 9, and the addition that I made to number 9.
Commissioner Winton: Got it. Now, I want to repeat something I said before. The difference, however --
because I'm going to use some examples. And this relates directly to the rebate, which I'm absolutely,
100 percent opposed to. I think it's an awful idea. I don't know, Commissioner Teele, how much more
money you need to finish Hadley Park, but I can tell you in the West Grove, in the African-American
community of the West Grove, we need, just to do Grand Avenue -- there's been the promises to redo
Grand Avenue -- that's five million dollars ($5,000,000). We've started the process to rebuild Virrick
Park in the West Grove. And we're building a new community center in the West Grove. But we only
have enough money to really get the activity center built, but it has nothing in it. So it's a useless activity
center. And we don't have enough money to finish the grounds of the park. So we're doing this great job
of doing a park, but we don't have a park done at the end of the day, and we have not a dollar for phase
two, which are those parts of the park. We've got sidewalks that we've had a whole host of people march
through here on, all the way up and down Northeast Second Avenue, where there are no sidewalks. The
swale's a mess. You've got a total disaster. We don't have a single park in Little Haiti. We've got
Margaret Pace Park that has another phase to it, and they need another two million dollars ($2,000,000) or
two -- whatever that is. And it goes -- that's just the things that came right off the top of my head in my
district. And I know darned good and well, in each of your districts, there are similar unfinished projects
all over the place that are designed to improve the quality of life in our neighborhoods. And just think,
instead of giving everybody back forty dollars ($40) at the end of the year, forty dollars ($40) or fifty
dollars ($50) at the end of the year, you put that money in a pool, and you could finish maybe two or three
of these projects, or one of the bigger ones. And it's done, and our community is improved dramatically
from that. So I think from a policy standpoint, it's -- and I appreciate the Mayor's thoughts. I understand
what he's trying to do. But from a policy standpoint, I really can't accept that at all. I think it's very bad
for our business. And what happens if we even have a bigger surplus, where we could really do some
things? The time, the time to cure the tax burden on our citizens is at the end of this next year. And if we
have a great year, then you lower the millage rate, you lower the fire fee. You start getting rid of some of
these other ancillary fees that all the homeowners have to pay. But now isn't the time to give everybody
forty dollars ($40) back at the end of the day.
Commissioner Teele: Commissioner, would you yield on that point?
Commissioner Winton: Yes, sir. I'm done.
Commissioner Teele: Look, I don't -- I fully agree with everything that you've said. But I want you to
understand what we're doing here. What we're doing here, as I understand it is that this is a -- trying to be
a Solomonic compromise. We're not deciding now whether it's going to be the rebate or the capital
projects. In fact, they have equal dignity. We're not going to get a resolution of that tonight. First of all,
we don't know how much it is. So it doesn't make sense to spend two hours with that policy debate. The
way I see this -- and I want to be very clear. My intent is that this is going to have to come back to the
Commission, Mr. Attorney, that the Manager won't have the authority to just start releasing money here
and there, because it's got to be appropriated, number one, and that's when the fight -- I mean, that's when
the debate will be held. So what we've done -- what I've tried to do is to put everything that you've said
237 9/28/00
on an equal dignity, on an equal plane, in the same sentence, in the same section with the rebate. And
rather than debating the rebate versus capital tonight -- because it's going to be a debate. It's going to be a
totally academic debate, because we don't know how much money it is. We've just postponed that until
we've got that accounting. But I will say on the record I'm much more willing to support capital projects
than a rebate. And I mean that's going to be a decision everybody is going to have to make. But if three
Commissioners don't vote for the rebate, you know, it's going to be capital projects or it's going to be a
reserve that just winds up rolling over, subject to the Oversight Board's approval. But right now, if we
don't do anything, I can assure you of this: This is going to wind up being a reserve that is totally subject
to the Oversight Board's approval. And this action of the Commission is subject to Oversight Board
approval, as well.
Commissioner Sanchez: Mr. Mayor, if I may?
Mayor Carollo: Sure.
Commissioner Sanchez: Johnny, I tend to agree with you on a lot of things. But I'll tell you, you know,
when we first got here -- and I know you got in after I did -- you know, we have basically gotten out of the
situation financially that we've been in on the burden of the taxpayers of the City of Miami. And if we
analyze the situation, we look at the fire fee; the increasing of the garbage, the parking surcharge, you
know, the burden has always been on the taxpayers. All this does, and it's my understanding, it lays out
the ground rule, the ground plans to if we do have surplus, which right now, we can all agree that we don't
know the exact amount of money, when we're done with all the projects that we have established here
today, whatever is left over, we have an option. And I think that when the time comes for the debate, I
will lean over in giving the taxpayers either a rebate, you know, or relief or whatever. But let me tell you,
you said it perfectly when you said you got problems in your district; I got problems in my district. It's
going to take billions of dollars to correct all the problems. I don't think we could do that in one year, two
years, three years, four years. But when we, as the legislative body of this City, which we've done things
that maybe weren't politically correct, but they were leadership correct when we passed these fees, and we
increased tax and stuff. You know, Boom -Boom said it best when he said, you know, all the radio
stations, people call and they complain, and they don't come here. I don't know why, because when it
comes to taxes and it comes to hurting people -- I represent a community that's a very poor community. I
hate to say that, but it's the truth. And when you're talking about forty dollars ($40) to some of the people
that live in my community that are living paycheck to paycheck, and they're owners, struggling to keep
their property, forty bucks is a lot of money. I don't think I have forty bucks in my wallet today, you
know? So, you know, I have to stick up for the people in my community that, you know, may want this
rebate. I'm sure there's some in my community that might say, you know, use it for capital improvement.
But we are doing capital improvements. We're repairing sidewalks in my district, and I know they're
doing it in yours. They're doing it in just about everybody's district.
Commissioner Winton: They're not doing it in mine.
Commissioner Sanchez: Well, we're going to have problems. It'll take billions of dollars to fix up the
City. We don't have the money. And if we have any surplus, if anybody deserves it, it's not the City of
Miami. I think it's the taxpayers that deserve it. Forty bucks, fifty bucks, thirty bucks, whatever.
Mayor Carollo: Let me -- go ahead, Commissioner Gort.
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Vice Chairman Gort: Well, I'd like to emphasize on that. Unfortunately, I was here since the beginning,
and I've seen all the problems. And the problems that we have within the City of Miami, which a lot of
people don't realize is our citizens have gotten older, our citizens have retired, and our citizens want to
maintain those homes. And you'd be surprised. To you and me, forty or fifty dollars ($50) a year is
nothing. But a lot of those individuals, forty to fifty dollars ($50) to them makes a lot of difference. It
makes between them buying food or buying medicine. And you see those sides of the people.
Unfortunately, we have a lot of that within that district. We have a lot of that within the City of Miami,
which is a cultural thing. I mean, our senior citizens, most of the senior citizens, their plan for retirement
is -- for example, my dad bought his house for eighteen thousand dollars ($18,000). His house, he can sell
it for a hundred and ninety -some thousand dollars. But he won't do it. He could take that money, sell it,
put it in a bank, and with the interest, he could probably get a small apartment. But within certain
communities, their homes, they want to keep it. It's their family home. So forty or fifty dollars ($50)
makes a lot of difference. At the same time, I agree, we need to do a lot of capital improvement. The
problem is we have not done any capital improvement for the last 20 years. There's no way we can do
this in three or four years, and punish the property owners now for mistakes that were made in the past. I
believe there's a couple of items in here that they have for the surplus that I know they can be handled by
some other funding, because my understanding is we're going to have something coming in front of us
with some of the funding from downtown. Since we don't need it the first year, they're going to be able to
be shifted so they can go ahead and use CDBG funds to do some capital improvement in the
neighborhoods where they can qualify. So that's why I won't have any problem. But I think
Commissioner Teele's ordinance or motion is correct. Let's bring it back and we'll discuss it when it
comes back.
Mayor Carollo: Let me cal the question. Mr. Clerk, can you call the roll, please?
Walter Foeman (City Clerk): Sure. Roll call. Commissioner Teele.
Mayor Carollo: Roll call on the resolution before us.
Commissioner Teele: Yes.
Mr. Foeman: Commissioner Sanchez.
Commissioner Sanchez: Yes, sir.
Mr. Foeman: Commissioner Winton.
Commissioner Winton: No.
Mr. Foeman: Commissioner Regalado.
Commissioner Regalado: Yes.
Commissioner Sanchez: Willy.
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Mr. Foeman: Vice Chairman Gort.
Vice Chairman Gort: Yes.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-852
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
ITS INTENT, THAT IN THE EVENT A GENERAL FUND BUDGET
SURPLUS IN EXCESS OF THE AMOUNTS FORECASTED FOR
FISCAL , YEAR 1999-2000 IS IDENTIFIED AFTER THE
COMPLETION OF THE ANNUAL AUDIT IN JANUARY 2001, SUCH
SURPLUS FUNDS SHALL BE SPECIFICALLY EARMARKED TO
FUND CERTAIN PROJECTS AND PROGRAMS AS SET FORTH
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.
NAYS: Commissioner Johnny L. Winton
ABSENT: None
Mayor Carollo: Let me bring on another resolution. This is the ordinance?
Commissioner Sanchez: Yes. I'm --
Mayor Carollo: Well, if I can, this really goes hand in hand with this. Let me bring another resolution,
and Commissioner Teele, if you could hear this. It's a resolution that is going to be an exact of this same
resolution that we passed, same wording basically, and it has to do with Number 9 in the wording. And
this goes to the monies that the County has escrowed for up to this fiscal year, which should be
somewhere between two point seven, three million dollars ($3,000,000) or so for the parking surcharge.
And the resolution is that it is the intent of this Commission that once those funds are released that those
funds are to be used to provide residents a one-time rebate of solid waste fees and/or to be used for any
recommendations from the Manager to capital improvements in the City. The -- what we're trying to
make absolutely sure is to put the County on notice that they are holding a substantial amount of our
dollars, that the residents of Miami are expecting that we get them so they could be used either for capital
improvement projects, approved and recommended by the Manager and this Commission, or for a rebate.
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That, of course, like this resolution, once it happens, then we'd have to come back for final determination
from this Commission.
Vice Chairman Gort: Move it.
Commissioner Sanchez: Second.
Mayor Carollo: Moved by Commissioner Gort. Seconded by Commissioner Sanchez.
Vice Chairman Gort: Discussion.
Commissioner Regalado: Discussion. So we are targeting only the County funds?
Mayor Carollo: The surcharge, on this separate resolution.
Commissioner Regalado: Not the surplus for the rebate.
Mayor Carollo: We did the surplus already on the rebate.
Commissioner Regalado: I know, I know.
Mayor Carollo: This would be an additional possible rebate.
Commissioner Regalado: Yes. OK.
Mayor Carollo: Or additional possible monies for capital improvement, or a combination of both.
Commissioner Regalado: OK. So we cannot tell the people of Miami that we are going to give them a
rebate just now. We cannot do that, can we?
Mayor Carollo: On these dollars, Commissioner, the County has to let loose of these dollars for us to do
that. Now, if you -- if it would be your intention that you don't want to do that, you certainly have the
right to tell the people that you don't want to do that.
Commissioner Regalado: No, no. It's my intention to do it, Mr. Mayor. But what I'm saying is that if we
can -- if you would tell the people.
Mayor Carollo: My intention, very clearly -- and by the way, Commissioner, this resolution came from
me, you know, and all the stuff in this resolution and the ordinance, those were the things that for the last
several nights, we've been working until late with the Assistant City Manager in charge of finance, the
Budget Director, the Manager and others. It is my --
Commissioner Regalado: I mean that's what we pay your for. I mean, you got to work.
Mayor Carollo: Yeah, that's correct.
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Commissioner Regalado: You work on the budget, and that's the way --
Mayor Carollo: And believe me, you have more than earned your pay from me. Now the --
Commissioner Regalado: Well, I don't know about that, Mr. Mayor. But aside from that --
Mayor Carollo: Well, the bottom line, Commissioner, is that where I stand at, where I stand is that I want
to be able to give a rebate. That's where I stand.
Commissioner Regalado: You or the City Commission and the Mayor, or us?
Mayor Carollo: Well, I want to be able to give a rebate. You all vote for it. And I think that a majority of
the people in this dais want to go that way.
Commissioner Regalado: I just voted on it.
Mayor Carollo: Well then --
Commissioner Regalado: I mean, what I'm saying, you haven't answered my question.
Mayor Carollo: I certainly have, Commissioner. Maybe you don't want to listen.
Commissioner Regalado: What I'm saying, what I asked you, what I asked you is, if we can go out and
tell the people of Miami that there is the possibility that they could get a rebate as approved by the City
Commission and proposed by the Mayor.
Mayor Carollo: Absolutely. Absolutely, Commissioner. Absolutely.
Commissioner Regalado: So we can, both the City Commission and the Mayor share that good news,
right?
Mayor Carollo: Absolutely.
Commissioner Regalado: It would not only be you.
Mayor Carollo: Commissioner, it is, you know, good news --
Commissioner Regalado: No, I'm just saying, because you said, you know --
Mayor Carollo: It is good news, Commissioner, for the approximately 400,000 people of Miami. Now --
Commissioner Regalado: It is good news.
Mayor Carollo: You know, it's late. Let's vote on this. You know, we could discuss anything else later
on.
242 9/28/00
0
E
Commissioner Regalado: No, no, no. Mr. Mayor, I mean, you have to earn your salary, and you do, and
we all do. So, you know, this is a very important issue. I mean, why cannot we talk for about 30 seconds?
Mayor Carollo: If you want to keep bringing the conversation --
Commissioner Sanchez: Willy, you're the Chairman. Take control of this meeting.
Mayor Carollo: -- you could discuss it with me any other time. Let's --
Commissioner Regalado: No. I'm just asking you on the record if we can -- it's a very simple question.
Mayor Carollo: And Commissioner, I've answered you on the record.
Commissioner Regalado: On the record, you said "yes," and that's all.
Mayor Carollo: I've answered to you on the record. Then, fine, let's call the question.
Commissioner Regalado: And I'm saying to you that we did this along with you.
Mayor Carollo: Mr. Clerk, I'm calling the question, please.
Commissioner Sanchez: This is a unified effort. It's not just the Mayor's. It's the Commission and
everybody working together.
Commissioner Regalado: Exactly. That's what I'm saying. That's all I'm saying.
Mayor Carollo: I'm calling the question.
Mr. Vilarello: Mr. Mayor.
Mayor Carollo: Yes.
Mr. Vilarello: On the resolution that's on the floor, because we're talking about surcharge dollars, just to
make sure it's clear --
Mayor Carollo: That's future.
Mr. Vilarello: -- based on -- right. But based on the State statute --
Mayor Carollo: Future, oh, yeah. This is not a reserve; it's not a reserve.
Mr. Vilarello: Based on State statute, those dollars have to be used for the purpose of reducing either ad
valorem taxes or non -ad valorem special assessments. So with that condition, the resolution would be in
order.
Mayor Carollo: We will be able to substitute equal amounts from next year's budget.
243 9/28/00
Mr. Vilarello: Surcharge dollars have to be used for the purpose -- first for the purpose of reducing ad
valorem dollars, taxes or non -ad valorem fees, which are like solid waste fees.
Mayor Carollo: Right. But we, from what we've put into one, we could then use to the other. So, it
would come to the same thing.
(INAUDIBLE COMMENT)
Mayor Carollo: We could substitute one for the other. But the resolution is clear that it's either for one or
the other, based upon the Manager's recommendation.
Commissioner Sanchez: And the discretion of this Commission.
Mayor Carollo: Well, that's on both.
Vice Chairman Gort: We have to vote on it. I mean we're the ones who make the decision.
Commissioner Teele: What's the motion, Mr. Attorney?
Mr. Vilarello: What I'm concerned about is that I don't necessarily follow the discussion. However, as
long as the resolution is conditioned on compliance with the State statute, it's appropriate to go forward.
Mayor Carollo: That is. It very much is. You know, this body will always comply and always has
complied with the State statutes.
Commissioner Sanchez: Call the question.
Commissioner Teele: Would you read the -- would you restate the motion, Mr. Attorney -- Mr. Mayor.
Mayor Carollo: That's correct, Commissioner. The motion is a motion that the amounts of monies on the
surcharge that the County has been holding up until the end of this fiscal year from the City's funds, that
those dollars would be used to either in any way, in compliance with the State statute that gave us that, to
free up other dollars that we have used to, as the City Attorney explained, in lowering the millage. We
would free up those dollars. And the dollars would be then used either to lower the garbage fee in a
rebate, or at the discretion of the Manager, any recommendations that he would make to this Commission
on capital improvement projects.
Commissioner Teele: Mr. Mayor, I know where you're trying to go, and I don't want to be an obstacle.
Let me say this: I'll support the motion if you take out the capital. Now, that sounds like a flip.
Mayor Carollo: If I take out?
Commissioner Teele: The reference to capital. And let me tell you why. I'm the one that's fighting to
capital. And I know what you're trying to do. But --
244 9/28/00
Mayor Carollo: Then take it out. I have no problem.
Commissioner Teele: But by keeping the capital in, no matter what you say, you're really flying in the
face of --
Mayor Carollo: And you're absolutely correct. I was doing that to try to get a consensus on that. And I
agree with you on that, based upon what the City Attorney has clarified even more.
Commissioner Sanchez: So there has to be an amendment to the motion.
Commissioner Teele: It's his motion.
Mayor Carollo: Yeah.
Commissioner Teele: So he can change his motion.
Mayor Carollo: Well, it is changed, if the maker and seconder of the motion will accept that amendment.
Commissioner Sanchez: I seconded it.
Commissioner Teele: Who made it?
Commissioner Sanchez: Willy. Willy made the motion.
Mayor Carollo: Yeah. Willy made it. Sanchez seconded it. And we're just taking the capital --
Vice Chairman Gort: I'll accept the amendment.
Mayor Carollo:, Yeah.
Commissioner Teele: On the motion, Mr. Chairman, Mr. Mayor, I think we're -- Look. If the goal is to
do what we have not done since I've been here, and that is to begin to function like a government in a
partnership and a relationship with the County, then I support it. If the goal is to make a determination, an
affirmative determination that we're going to use capital, the surplus -- the surtax dollars for rebate or
anything else, I'm not going to be with you on this when it comes up. So, I want to explain why I'm gong
to vote for it. The problem is this: Number one, the motion relates to funds that have not been received.
Mayor Carollo: That's correct.
Commissioner Teele: OK. So it has no impact on this year at all, in FY 2000. And as it relates to FY
2001, since it's not in the budget that we have not taken up yet and earmarked this way in the budget, it
has no impact on the 2001 budget. The impact that it has is, is to attempt to try to provide leverage on the
County to release the funds. Now, as long as everybody understands that if funds get released, it's a
whole new ballgame. I mean, it's a de novo hearing as far as I'm concerned. I'm not casting my vote at
all on that. I'm casting my vote to get the fiends released. Then I don't want somebody to come back and
say, "But you voted to do that." So to the extent that we get the funds released, I'll support the motion.
245 9/28/00
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To the extent that it's an automatic that the rebate is going to flow, that's clearly riot where I am. So I
want to just explain my vote before I cast it.
Commissioner Sanchez: And we'll cross that bridge when we get there.
Mayor Carollo: And let me just add this for the record. Those funds, once we get them sometime in this
next fiscal year, they would actually be surplus funds that we're going to have on this coming fiscal year's
budget. So they end up being surplus funds for the budget that we're approving tonight. So.
Commissioner Teele: And to the Attorney, if I could explain my vote just once more. And further, it
provides a unique opportunity for two distinguished colleagues, rather than to beat up on each other, they
can beat up on someone else somewhere else. So I think there can be some unanimity on the dais that the
problem is not over here. The problem is over at the County Hall.
Mayor Carollo: Anyway.
Commissioner Teele: So may God bless you if you fight that battle.
Mayor Carollo: I appreciate those words. Can you call the roll, Mr. Clerk?
Mr. Foeman: Roll call. Vice Chairman Gort.
Vice Chairman Gort: Yes.
Mr. Foeman: Commissioner Winton.
Commissioner Winton: No.
Mr. Foeman: Commissioner Regalado.
Commissioner Regalado: Yes.
Mr. Foeman: Commissioner Teele.
Commissioner Teele: Yes.
Mr. Foeman: Commissioner Sanchez.
Commissioner Sanchez: Yes.
Mayor Carollo: OK. It passed unanimously.
246 9/28/00
The following resolution was introduced by Vice Chairman Gort, who moved for its adoption:
RESOLUTION NO. 00-853
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.
NAYS: Commissioner Johnny L. Winton
ABSENT: None
Vice Chairman Gort: I have a question. I have a question. Mr. Manager, I know you have not been here
that long, but since I've been here, I've seen the five-year capital improvement programs that the City
established and the funding. Are we working on the capital improvement for the whole City, next five-
year capital improvement?
Mayor Carollo: Art, he doesn't really mean that.
Mr. Gimenez: I can't really honestly tell you that we were focused on that, but we do need to focus on
that. One of the things that we may be looking at is to get an evaluation of our infrastructure, and then
from there, develop a five-year, you know, capital improvement program.
Vice Chairman Gort: I think for starters, you can look at some of the capital improvement, five-year
capital improvements that we've had in the past. And the biggest problem that we had, we have a
beautiful capital improvement five-year program, but there was never any funding for it. So there's a need
for us to have a better understanding of what the needs for the City are going to be for the next five years.
Mr. Gimenez: Yes, sir. And that is possibly a good use of those strategic initiative dollars, again to do a
comprehensive evaluation of our infrastructure.
Commissioner Winton: Absolutely.
Vice Chairman Gort: OK. We've got some more items.
Mayor Carollo: Before we take up that ordinance, can we finally adopt the final budget?
247 9/28/00
Mr. Vilarello: Do you want to deal with the emergency ordinance first?
Mayor Carollo: I'd prefer to deal with the other one, because it's going to be quicker.
Commissioner Sanchez: What's the difference?
Commissioner Teele: I'd rather deal -- I'll tell you, there are several issues relating to the budget.
Mayor Carollo: Well.
Commissioner Teele: I mean, they are sort of technical issues, Mr. Mayor, and I don't think they require
your presence. But --
Mayor Carollo: All right. That's the problem I'm having now, because I told you, I'm an hour late
already.
Commissioner Teele: I understand.
Mayor Carollo: I apologize, but this is an important engagement I have to attend.
Commissioner Teele: I think we should take up the emergency ordinance, the one that --
Mayor Carollo: OK. Bring up the emergency ordinance, and I will have to leave. And I trust that you all
would finalize approving the budget.
Commissioner Teele: Mr. Mayor, I will not support the motion to reduce the budget of the Mayor by 80
percent. I'm saying that right here tonight.
Commissioner Sanchez: So move the emergency ordinance.
Commissioner Teele: Second.
Vice Chairman Gort: Read it.
Mayor Carollo: Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Mr. Foeman: Roll call.
248 9/28/00
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An Ordinance entitled —
11
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING SECTION 1 AND 2 OF ORDINANCE
NO. 11839, AS AMENDED, THE ANNUAL APPROPRIATIONS AND
CAPITAL IMPROVEMENT PROJECTS ORDINANCE FOR FISCAL
YEAR ENDING SEPTEMBER 30, 2000, FOR THE PURPOSE OF
ADJUSTING SAID APPROPRIATIONS AS ARE MORE
PARTICULARLY DESCRIBED HEREIN; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez, and seconded by Commissioner Teele, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Whereupon, the commission on motion of Commissioner Sanchez, and seconded by Commissioner Teele,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11969.
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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Vice Chairman Gort: We still have some items left. My understanding is on 20-13, my understanding is
we were waiting for you and Commissioner Regalado to be back. And this deals with the Board to
approve the mortgages that come up. .
Commissioner Teele: We're still on the budget, aren't we?
Vice Chairman Gort: What are we --
Commissioner Sanchez: We approved the budget.
Commissioner Teele: No. That was the emergency ordinance.
Commissioner Sanchez: Oh.
Commissioner Teele: That was not the budget.
Commissioner Sanchez: No, we haven't approved the budget. We're still on the budget.
Commissioner Teele: Mr. Chairman, on the budget, I don't know how much -- I mean, I've got several
items that I really need to go through very quickly. If the Police Chief could come forward, we could, I
mean, dispense with some of my items relating to the budget very quickly. Chief, I've discussed with you
several issues relating to the Police budget. And I think the Mayor and the Commission have said it, and
I'd just like to say it again. I support the notion that we -- that the Police and Fire budget represent 75
percent, roughly 75 percent of the total City. Madam Budget Director, could you -- Madam Budget
Director, could you tell me at the right time how much the Police and Fire represent of the total budget,
the fully loaded, in terms of the total? Chief Martinez, I want to commend you, because it's my
understanding that you are making a recommendation related to the PAL (Police Athletic League)
Program and greater use of Law Enforcement Trust Fund in our City parks. Is that a recommendation -- I
know it doesn't appear to be before us tonight. But am I correct in understanding that that is going to be
one of the new policy directions of the Law Enforcement Trust Fund?
Raul Martinez (Chief of Police): Yes, sir. At the next Commission meeting of October 12, I believe you
will have in front of you the approval of -- I think it's five hundred and eight -six thousand dollars
($586,000) for 19 positions for PAL.
Commissioner Teele: OK. Can you tell me very briefly where we are in terms of the vacancies in the
Police Department? And have you made any effort to insure greater diversity? And what is our plan?
Chief Martinez: Commissioner, if you'd give me a quick second.
Commissioner Teele: Well, specifically, on the point -- let me just cut right to the chase. Since the
consent decree has been dissolved, there are a number of issues associated with how we're going to
maintain a level of diversity. Do you have a concern that the City may be going back in the direction of
having distortions in our diversity patterns, based upon where we are now, and the Management discretion
that you may or may not have, that you had before?
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Chief Martinez: Yes. Yes, sir, I do.
Commissioner Teele: Would you describe essentially, in general terms, what the concern is that we're
getting ready to get into again.
Chief Martinez: Well, basically, Commissioners, before the consent decree was struck down, the previous
Chief prior to Chief O'Brien had the opportunity to make sure that their department mirrors the
community that they serve, to pick within certain members, if they needed a certain minority, minority
group representation. They were able to go down and pick that type of minority representation. I've been
told -- it's one of the first questions that I asked when I took over a few months ago -- what my officers
were. And I basically have been told that those officers are not there anymore to be able to do that. I'm
trying to do other things to be able to combat that, because I don't want somebody to come here two years
later and say the Miami Police Department does not represent the community that is served, it doesn't
look like the community that pays our salaries. And some of the things I'm doing is that -- I've been told I
can do what I -- what has been done before -- is provide training, free of charge training for those that are
going to take their next sergeant's test that's coming up by the end of the year, where we will come up and
identify the areas that people typically don't do well in tests, and provide training so they could be better
on those tests and enhance their skills. The other area that we're going to do is we're getting ready to give
a December police officer entrance exam. We're going to do some specific targeted recruiting in those
areas that we lack of, and specifically, African-American males, Creole speaking personnel, Latin
females. Those are three areas that we are under -represented in the department.
Commissioner Teele: Commissioner Winton, I don't mean to single you out, but this problem that we're
beginning to get into now, it has been the Achilles heal in the past, in the `80s for the City of Miami that
created much of the problems, I think, in virtually ever after -action report that involved a civil disturbance.
There just was not enough diversity in the area where the incident occurred. It has cost this City hundreds
of millions of dollars. And I would respectfully represent to the Commission and the Manager that this is
something that you all really need to look at. Have you looked at using mechanisms that other
governments have used, such as the County, as positions that could be appointed, such as the Commander
position? I know that when the County got into a problem, they looked at -- they created a Commander
position. There was another creation of a first sergeant's position that gave the County -- the Police Chief
the opportunity to more mirror the community. Those were appointed positions, as opposed to exam
positions. Have you all looked at that in the past? And would you be willing to look at that over the next
year, the next budget year and to report back to the Commission through the Manager on any
recommendations that you may have?
Chief Martinez: Yes, sir. It has been looked at, the past. There's been internal discussions to create a
Commander, unclassified position in the Police Department, and it's something that we will look at and
come back to this Commission and report.
Commissioner Teele: All right. I am extremely concerned. I've been counseled by the Law Department.
I'm very concerned about any informal agreements that the Manager -- not personally you, but the
Manager and their representatives may have made that limit the flexibility of the Police Chief with the
union. I really do think that Management should try to keep as much discretion as it should have in how it
runs the appointment of Managers. And on the record, I just want to express my concernthat there may
be an informal agreement. Is that right, Mr. Attorney?
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Mr. Vilarello: There is an understanding that this is an issue that will be negotiated at the next collective
bargaining agreement.
Commissioner Teele: But if there is no collective bargaining agreement, we're free to do what we want.
We should be free to do what we want to, but for the fact that there is an informal agreement that we
won't.
Mr. Vilarello: The collective bargaining agreement does preserve to Management rights of promotion.
Commissioner Teele: OK. I think this is a very important issue. It is going to have a tremendous impact;
particularly in the way the Police Department reflects diversity. And, you know, to be honest with you,
Chief, I think it's just unfortunate, you know, because we're confronted -- you're confronted with a series
of issues that your hands are tied. And people are going to start coming down here wanting to know, well,
what's going on with the Police Department? And you need to say very clearly, it's not you. It's the way
the tests are being presented, the lack of the consent decree -- what was it? A rule of eight?
Chief Martinez: Yes, sir. Before, it was the rule of eight.
Commissioner Teele: The rule of eight. You don't have that flexibility right now. You can only go one,
one, one, right down the list; is that right?
Chief Martinez: That's what has been told to me. They have to go down the list, sir.
Commissioner Teele: Well, I think we need to be very concerned about that. Would you agree to look at
the issue of Commander, or other such positions as it relates to discretion that you may have, in
conjunction with labor relation's personnel and others?
Chief Martinez: Yes, sir, I will.
Commissioner Teele: All right. The other issue relating to the Police Department gets us to the COPS
(Community Oriented Policing Services) and other programs. Can you tell us what the COPS Program is?
And do you have an opinion of the COPS Program? And what can we do in this budget to make it more
effective? That is the Citizens on Patrol.
Chief Martinez: The Citizen Patrol Program is a very worthwhile program that was started a few years
ago. I think it started like in '95 or '96. It was very aggressive initially. We train citizens to be our eyes
and our ears. We give them T-shirts, and hats, and radios. They go out, do the patrolling, and then they
report to the Police Department. They don't take any action. In the last year, year and a half, it kind of
died away. I have made a commitment to those people that were interested that I will bring it back. We
held a refresher course at the temple on 191h Street about a month, a month and a half ago. We had about a
hundred people come out to that. We have trained over 600 people Citywide, 600 to 700 Citywide. In
fact, I think we're doing a class in two weeks for them from today. I'm going to reactivate -- There used
to be like a steering board Citywide, one by NET (Neighborhood Enhancement Team) area that gave
advice and input to the Chief of Police. I'm in the process of reactivating that. We have funded that
before for Law Enforcement Trust Fund. Once we activate that board, if it requires more funding, I am
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ready, willing and able to take a look again, and refund it again, in whatever needs they have. We have
gotten about a hundred radios right now, so they can go out and communicate directly with the Police
Department. I'm not satisfied how it's working right now. I'm in the middle of reworking it and putting
more control so we're more responsive to the citizens, so the citizens, when they pick up their radio, they
talk to a police officer. And but I mean we -- you know, within the next couple months, I hope to come
back and give you a better report on that.
Commissioner Teele: All right. Let me ask you this: Will you commit to putting more resources that you
have at your discretion and your budget on the COPS Program in those neighborhoods and communities
where it works? I'm a little nervous when everybody wants a one shoe, one size fits all. There may be
some neighborhoods -- It's my understanding there are one or two neighborhoods that it works very well
in. I see that in the district I represent. Can you tell me it's true that there is one COPS Program that is
outstanding Citywide?
Chief Martinez: Well, I don't want to talk bad about all the others, but I can tell you in the area of Little
Haiti, they're the most motivated, the most active, where they have the most people involved in the
Citizen Patrol Program in Little Haiti.
Commissioner Teele: All right. Would you work with the Manager and present -- give us an opportunity
to present some citation to the COPS Program in Little Haiti in the first meeting in November, because I
really do think -- you know, nobody wants to say anything good, but the fact of the matter is there are
some great programs, and there are some that aren't so great. And in those communities where it works,
we should do that. And it's my understanding from everybody that that Little Haiti Program is one of the
best. The final question is this: Do we know how much Federal funds we've received from the Federal
government over the last four or five years, Law Enforcement Trust Fund and --
Chief Martinez: Well, not Law Enforcement Trust Fund, because Law Enforcement Trust Fund doesn't
come from the Federal government. But we have received, I think, I believe it's a hundred and five or a
hundred and six million dollars ($106,000,000), a hundred and six million dollars ($106,000,000) since
the year 1995 to present from the Federal government.
Commissioner Teele: All right. I want you to just -- I want everybody to just think about that for a
minute. One hundred and five or over one hundred million dollars ($100,000,000) has come from the
Federal government to create and to fiend one of the finest law enforcement programs, certainly, in the
State, and one that I think we can all be proud of. I've asked you before, and I'm going to say this
publicly. When Director Fried was here and I got a heads up on that, I asked if you all were aware -- you
all were aware -- that the Director was in town. He did not have time on his very busy schedule to meet
with the City of Miami, and he did meet with some people. He was here for well over seven hours.
Although I've heard reports from your staff that he was here for a few hours, I've confirmed with the
agency that he was here for a substantial period of time. I think we need to -- we, the Commission need to
understand that we, the Commission, we, the elected officials created a problem. That is in the manner in
which the relationships have been strained. I'm going to ask you again on the record. And I'm well
aware of the fact, and I commend and I salute the Manager for reinvigorating in his budget the Federal and
State liaison position that is going to be involved, reporting directly to the Mayor -- to the Manager. Do
you object to having a senior civilian that can have as their full-time responsibility liaison with the Federal
and other grant and law enforcement agencies, given where we are at this point in time? Recognizing that
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the Attorney General, who I think has done her best to look out for Miami in the past, is not going to be
there on January 20th, with all probability, no matter who is elected, because that's just the way
Washington works. So we need to be candid about this, because this is a huge amount of money that we
need to begin to rebuild. Do you object to that?
Chief Martinez: Commissioner, no. Personally, I don't object. But let me add to that, the Manager and
myself have spoken about this. And beyond the positions he's going to create for governmental affairs,
we have made plans through out lobbyist to visit the COPS Office in Washington to talk to those people
that have given us funding that are our friends, or at least seem to be our friends, speak like our friends, to
make sure that those ties continue and the connections still continue. And in reality, the -- I think one of
the issues why they fund us is the success of the program. It's not as personalities as it is that they see
they give us money and crime goes down, and communities are happy, and quality of life improves in the
neighborhood. But I don't oppose to that.
Commissioner Teele: Chief Martinez, I've had some Federal experience, a little bit, and I know how it
works. And it's not the Attorney General, or the Deputy, or those people. It's the career people at the top
who are -- who want to send the message. And, you know, that's just the way it works. That's human
nature. If you embarrass my boss, if you embarrass my department, trust me, you're not going to be
number one on the line. And that's just human nature. And I don't think we ought to play politics,
because if we don't get the money, the citizens are going to have to pay. And I still say the funding of an
office, you know, a hundred and fifty, two hundred thousand dollars ($200,000) secretaries and all of that
necessary is a cheap expenditure for what we've got at risk here. And again, I think we're making a big
mistake by not putting -- by you all not putting that in the budget. And that's one of the things I'm going
to look at tonight, because I just cannot sit here, knowing what I know, and seeing how this thing played
out, and quite candidly, with the events of the last few days. I just think we need to have. an around-the-
clock presence to protect the taxpayers that we're here to represent. And I mean, I'm not prepared to do
that by remote or by some person who is not full-time up there, because you know how that process
works. You've got to be going to all those conferences, the meetings, et cetera. So I just want to tell you
that I'm very impressed and pleased with the direction of the department. The Police Department is the
largest budget, and I think, you know, we don't do ourselves fairly if we don't at least inquire of you as to
where we're going and raise some of the Management concerns. And I'm very satisfied with your
answers. And I'm particularly satisfied that you've responded to the Mayor's initiative to better utilize the
Law Enforcement Trust Fund for the benefit of the City. Thank you very much.
Mr. Gimenez: Commissioner, we will look at that, the issue of the full-time. It may be beneficial in light
of the fact it's a hundred million dollars ($100,000,000) that we've gotten in the last five years. It may be
an investment that's worth it.
Commissioner Teele: Did you want to ask him about the police for the Mayor?
Commissioner Sanchez: Huh?
Commissioner Teele: Did you want to ask him about the police for the Mayor?
Vice Chairman Gort: Anyone else?
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Commissioner Regalado: Yes. Yeah.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: One question for the Chief. Chief, one question. There are two police aides to
the Mayor. Are they being paid by the Mayor's budget or by the Police budget?
Chief Martinez: They are being paid by the Police budget, sir.
Commissioner Regalado: And what is the -- I mean not rank, but what are their duties? I mean, what do
they have to do?
Chief Martinez: They're rank is sergeant at arms, and their duty is to provide protection to the --
Commissioner Teele: Hold it, hold it, hold it. See -- would you yield on that?
Commissioner Regalado: Sure.
Commissioner Teele: I object strongly to that, because, you know, here again, we're creating something
that doesn't happen in America. Sergeant at arms is a function of the legislative body. There is no
sergeant at arms in the Whitehouse. There's no sergeant at arms in the Governor's mansion. There is no
sergeant at arms in Mayor Penelas' office. The sergeant at arms go with the legislative body. And one of
the problems with this Commission is we do not have a sergeant at arms. And that's a very good point. I
am going to want to put an amendment that there will be a sergeant at arms for the legislative body of this
City of Miami. The Mayor is entitled, as every Mayor in this country is, to executive officers that are paid
for out of the Police budget. But they're not sergeants at arms, and they are -- that's a normal function
associated with Mayors in dealing with diplomats, in dealing with others. But again, I mean, I just think
that we've got to clean this up. And I apologize. I know where you're going on the issue. But I do think
that we need to stop this notion that the Mayor has a sergeant at arms. When he was the Mayor -- as a
legislator, he had a sergeant at arms. When he became an executive, you know, when the guy says, "Mr.
Speaker," the President of the United States, that's the sergeant at arms. But he doesn't work for the
Whitehouse. He works for the legislature.
Commissioner Regalado: OK.
Vice Chairman Gort: I knew you were going to jump on that word.
Commissioner Regalado: OK.
Commissioner Teele: Huh?
Vice Chairman Gort: I knew you were going to jump on that word.
Commissioner Regalado: So about those non -sergeants at arms, their duties are to protect the Mayor.
Chief Martinez: That is correct, sir.
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Commissioner Regalado: Which is fine by me. They have cars, take-home cars, right?
Chief Martinez: Every police officer has a take-home car, and they have one, too. Yes, sir..
Commissioner Regalado: Paid by -- are these leases or --
Chief Martinez: Yeah, they are leases, sir.
Commissioner Regalado: And they are paid by the Police budget. Do they do any clerical work for the
Mayor, other than protect his life?
Chief Martinez: I really wouldn't be able to tell you exactly what they do beyond -- I mean, my dealings
with them have to do with protection to the Mayor. And any functions that he goes to, we co -assist with
that.
Commissioner Regalado: Yes. What I'd really like to have is, Chief, and Mr. Manager, a report on the
impact on the budget of the Police Department of the Mayor's aides, their cars and the salary that they
make.
Mr. Gimenez: Yes, sir.
Commissioner Regalado: OK. And the reason I ask -- this is not personal. It's business, I want to say --
because Chief Martinez has -- and I have read your memo, Mr. Manager -- he has done something that the
residents of the City of Miami were waiting for a long time. He has taken people out of desks and sent
them to the streets. And for that, I commend your administration and the Chief of Police. And this is why
I'm a little confused of why the need for two sworn police officers, full-time salaries, cars, benefits as
aides to the Mayor. To my knowledge, there is no immediate threat on the life of the Mayor, I mean, that
we know of. So these are just questions that I had on this issue of the Police budget. Thank you.
Vice Chairman Gort: Anyone else?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: One of the --
Commissioner Teele: Oh, go ahead.
Vice Chairman Gort: One of the problems that we've had is there's two departments I think we really
need to reinforce, and I don't know how we're going to do it. But I mean Public Works and Parks. And if
we look at most of the complaints that we have, they're with the sidewalks, the street, most of the storm
water. And we can see with all this rain that we've been having lately, the problem with the flooding and
all that. Ever since I've been here, November of '93, the Flagami area and certain areas in Allapattah and
within the City, the flooding gets really, really bad.
Commissioner Winton: So let's give another rebate.
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Vice Chairman Gort: We'll do that if we can get the water down. But this is -- on the Public Works; I
was going through your budget. And how much more can we put for operation? And my question is
and in the budget, I see most of it, the majority of it goes into salary. I don't see much of it going into the
capital improvements, or do we have that in a different category.
Mr. Gimenez: You have a different pot of money for CIP (Capital Improvement Projects), for capital
improvements in Public Works. We can give you how much, you know, we're going to spend in capital
improvements from the capital improvements pot next year. As I said earlier this morning, we have a
number of vacancies right now. And just like, you know, we've directed and the Police Chief has also
done, we've put a lot of people that were working in offices back to the street.
Commissioner Sanchez: Good for you.
Mr. Gimenez: What I want to do is I want to look at those vacancies, and I want less of the people, less
people working in offices and I want more people, in converting some of those positions, into those
critical areas in the street that are providing services, you know, to the neighborhoods -- cutting the grass,
Public Works orders, solid waste orders, et cetera, that would really make an impact, you know, to the
neighborhoods and to the street. So we're beginning that process tomorrow, actually. We know that in
the budget ordinance, it has a TO (unintelligible) for every department, so we're going to have to come
back after we formulate our plan and change the TO, with your approval, indicating how many of those
positions are going to go back to -- are going to be redirected in a new direction, which is basically
providing service to, you know, the street.
Vice Chairman Gort: When we talk about your department design, who do we provide design to?
Mr. Gimenez: I didn't hear the question.
Vice Chairman Gort: You have a department design. According to my numbers -- and correct me if I'm
wrong -- you have 21 full-time personnel.
John Jackson (Director, Public Works): That's correct. That's in design. Sixteen, 18, 21. That's right.
Yes, sir.
Vice Chairman Gort: The reason I'm bringing this up, I don't know if we need 21 individuals to be doing
designs. And I think, just like Chief Martinez did with the police, we need to sit down, we need to look at
all our departments and see how we can maximize the individuals that we have to really provide the
services needed in the community.
Commissioner Regalado: Question.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: Mr. Jackson, how many storm sewers do we have in the City?
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Mr. Jackson: Well, we have about 25,000 inlets. I don't really -- I don't have the number of systems that
we have. But there are drainage inlets that we would have to clean with the Vactor and clean out on a
periodic basis, about 25,000.
Commissioner Regalado: We have three trucks.
Mr. Jackson: We have four Vactors, three that are really operational. One is much older, and it stays
down a lot.
Commissioner Regalado: How long does it take to clean a storm sewer? Two hours.
Mr. Jackson: A couple of hours, maybe three hours, depending on how clogged it is.
Commissioner Regalado: It takes a crew. It takes a crew, three or two, right?
Mr. Jackson: Well, just say two hours, three to two hours.
Commissioner Regalado: If we were to clean that once a year, I mean, we couldn't do that.
Mr. Jackson: You're absolutely correct. We cannot clean all of the inlets that we have. In order to go a
full cycle and clean them, it's -- you know, it's a little over four years or so. But some of them don't need
cleaning as frequently as others, you know, as some our systems are aging. The fresh drains are getting
older, and as they get older, you know, ultimately, we're going to need to replace them. Those are the
ones -- And so while we don't get to some inlets, we clean some two and three times a year.
Commissioner Regalado: Right. What would you say, John, are the areas of the City that would likely be
flooded whenever it rains and whenever there is sort of a --
Commissioner Sanchez: Most of the areas. Most of the areas.
Commissioner Regalado: No, no.
Commissioner Sanchez: Most of the areas.
Commissioner Regalado: I would say Upper East Side and Flagami.
Vice Chairman Gort: Flagami and Allapattah. We get a lot of it.
Mr. Jackson: Yes, yes.
Commissioner Regalado: And Allapattah. Well, my street in Shenandoah floods every time that it rains.
I have never requested anything, because then they're going to accuse me of something else. But to me,
there is an urgent need to do an aggressive campaign of cleaning those storm sewers. Why? Because it is
no secret that the weather patterns are changing, and that we have seen -- we have been blessed, at least
until now, because we haven't seen a hurricane or a storm in our shores. But the tropics are really active.
And the season, according to the Weather Center, in terms of rains will be longer every year in South
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Florida. So, Mr. Manager, what can we do to help Public Works in cleaning the storm sewers? And I say
this because the most annoying thing that a resident can experience is being flooded. I have this problem
in front of my house, but I just manage. But I have complaints, and I have visited, and I have pictures --
and you have seen it -- of many people that cannot live because of the flooding. So what would you need
to do an aggressive campaign, doing overtime, working Saturdays to clean, to advance in the cleaning of
the storm sewers.
Mr. Gimenez: Let me answer that for him. Like anything else, what you need is people, because even
though you may have three trucks or whatever, the capital outlay for that kind of material, that kind of
vehicle, although it may sound like a lot, really, the more expensive portion of it is the recurring cost of
the individuals that ride along that truck that actually do the work. So again, my answer is that we need to
reallocate some of the funds that we have and put more people in the street. We can always buy that --
what do you call it?
Mr. Jackson: A Vactor.
Mr. Gimenez: Vactor, OK. And buy more Vactors, but it's going to take more people to put on those
Vactors to actually do the work. We just need more people in the street.
Commissioner Sanchez: Mr. Chairman, if there's --
Vice Chairman Gort: He's not finished yet.
Commissioner Regalado: I'll be finished, one second. We haven't voted on the final budget.
Commissioner Sanchez: No.
Vice Chairman Gort: We still have quite a few items. We still have quite a few items.
Commissioner Regalado: Oh, OK.
Vice Chairman Gort: I want you to know that. OK?
Commissioner Regalado: The Mayor came up with a good idea of looking into the Police and Fire, and
eventually all the departments. There are departments that I feel that are not doing the most for the budget
that they have. And I'm sure that the Manager would look for ways to help departments that need to be
funded so they can have personnel and raises, the COLA (Cost of Living Allowance), whatever that name
is. But I'd like to, as an emergency -- and then the Manager will look -- as an emergency, transfer one
hundred thousand dollars ($100,000) from the Media Relations Office to Public Works for an immediate
and aggressive storm sewer cleaning operation in the City of Miami.
Mr. Gimenez: The Commission can certainly vote that in, and we will do it as an Administration,
obviously, it being something you've told us to do. I would recommend against it. And the reason I
would recommend against it is that we have just received four hundred thousand dollars ($400,000) from
Media One, and we also -, for capital. And we also have received -- will receive on a recurring basis
something around three hundred and fifty thousand dollars ($350,000) for capital to maintain our Net -9.
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And Media Relations runs our Net -9 Channel. So basically, what we're going to have, we're going to
have a lot of money for infrastructure and we'll have nobody to run it. So you really, when you take the
money out of the salary side, the things that make Net -9 -- The only way we're going to get better is to get
better equipment -- actually, get more people. So actually, what you're doing when you do that is you
take the people out. We're going to have greater equipment and nobody to run it.
Commissioner Regalado: No, but you told me yesterday, you told me yesterday the problem with Net -9 is
equipment. That's what you told me, because they have. to type the whole -- retype the whole agenda, and
that takes time. With a new state of the art computer you can just -- and you said this to me -- you can just
put your agenda and it will go through on your disc. So, it is a problem of equipment. I understand. Net -
9 has a problem of equipment. It needs state of the art. Although I don't understand why the people that
run physically Net -9 are not assigned to Media Relations, they don't get paid by Media Relations. You
just told me that the other day.
Mr. Gimenez: No. From what I understand -- I'm sorry if I misinformed you. There are four folks that
are in Media Relations. One of them that runs Net -9 -- I believe we have three people running Net -9.
And also, we have support from Media Relations to run Net -9. In other words, the secretarial, the people
that actually type the stuff into the bulletin board, et cetera, they come from Media Relations. So there is a
mix of some people -- most of the people -- some people from Media Relations and some people that are
funded through other sources. Two, two people are funded from other sources that are in Net -9.
Commissioner Regalado: That's what I said. That's what you told me, from Net, they come out of the
Net budget. That's what you told me. That's why I am saying that a decrease in budget at this moment
will not impact the functioning and programming of Media Relations.
Mr. Gimenez: I disagree with you, sir. I think that if you decrease the number of people, you know, that
are in Media Relations, and they basically run that operation, that you will have a decrease, you know, in
the way that it's running. And it's a shame that we would do that just at the time that they would get the
capital and the equipment to really try to beef up the operation.
Commissioner Regalado: OK. And Mr. Manager, you are the professional. So what you're saying is that
we should leave Media Relations with the salaries as they are, and the budget as they are, hoping that it
gets better in the future. And we should not immediately address the issue of flooding in the streets of
Miami. So I would withdraw my motion and just close --
Mr. Gimenez: I didn't say this. I didn't say that at all. I mean, we need to look --
Commissioner Regalado: What did you say?
Mr. Gimenez: Like I said, we will be looking at re -appropriating personnel and putting them in those
areas that need help, like .Public Works. That doesn't mean that if you put a hundred thousand dollars
($100,000) in Media Relations that it's really going to --
Commissioner Regalado: But I didn't say that that was for personnel, Mr. Manager. Probably, you know,
I didn't explain myself. I said that that was for an emergency, aggressive project of cleaning the storm
sewers that can be done with the personnel that you have at this moment, or overtime, or whatever. And
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the reason is very simple: If we can avoid flooding in one street, or two street or three streets in the City
of Miami, we would have accomplished the goal. But it's OK; it's OK by me. I tried.
Mr. Gimenez: Sir, every budget is a balancing act of needs and wants. I mean, everybody needs more.
So when you said, you know, you can take a hundred thousand from any other department and put it into
Public Works and make the same statement that we're going to provide better service. I can put every --
the entire budget into Public Works, and we'd have a great Public Works Department, but then we'd have
nothing else. You have to balance things out. When you look at the budget of Media Relations, you're
talking about two hundred and ninety-five thousand dollars ($295,000), plus the three hundred thousand
dollars ($300,000) that came in for capital. So it's really a balancing act. And it's -- I mean, that's the
best I can say right now. We have to balance, you know, all the needs, and try to appropriate as best we
can. So that's why I am not in favor of transferring a hundred thousand dollars ($100,000) out of Media
Relations. It would really wreck the operation. And we're trying to enhance it. And it would just, you
know, degrade it.
Commissioner Winton: We could probably take a million dollars ($1,000,000) out of the rebate and really
do something about flooding.
Vice Chairman Gort: OK. Any other questions?
Commissioner Regalado: No. I just want to say for the record that I wish that the issues of quality of life
would be prioritized in the next weeks. I am not complaining about the flooding in my street, but I
certainly will complain about flooding in other streets, and the need to do something. And, Mr. Manager,
I hope that you take the same approach with every department that the Mayor took with the Police and the
Fire Department in terms of analyzing their efficiency and their performance.
Mr. Gimenez: Absolutely, sir. And we will take your concerns under consideration, and we'll see what
we can do to try to put more of our resources into those areas like Public Works, you know, so that we can
reduce flooding in areas. And again, we are more than happy to be looking at all other departments for
efficiency and trying to get the best bang for our buck.
Vice Chairman Gort: Well, Mr. Manager, in looking at the budget and the performance measures that you
have put in, I've seen some improvements that have taken place. And knowing you, I know we're going
to require a lot more improvement coming from you. And also, the performance audit, that's something
that we need to continue to do, and we stress that. And I think that your diagram, the way you placed it
here with the performance measures, you can tell the differences in the response time that Public Works
has improved, and we need to improve a little bit more. Is there any -- do we have a motion or --?
Commissioner Teele: Mr. Chairman, I would like to move for purposes of discussion formerly the budget
agenda -- the budget ordinance with the understanding that it was previously moved, and a substitute
motion was made, which eliminated the underlying motion. So we're making that motion.
Commissioner Sanchez: And you're moving it. I'll second it for the purposes of discussion.
Commissioner Teele: For purpose of discussion.
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Vice Chairman Gort: Motion and second for discussion purposes. Discussion.
Commissioner Sanchez: Mr. Vice Chairman, for discussion. So now it's official, right?
Commissioner Teele: It's on the table.
Commissioner Sanchez: It's on the table. One is the 75 percent, to me; it's alarming when it comes to
salaries, fringe benefits. That has to be reduced. One thing that I'm glad to see in this budget, compared
to other budgets, some departments have reduced their budgets, which I am very content with. You know,
once you're moving at a fast speed, you can't just stop. You can't do -- you know, you can do zero to 60,
but you can't do 60 to zero. One thing that I'd like to see is -- Well, the budget, first of all, one percent
increase, that's less than the inflation rate. So that, I'm glad to see. So at this time, we're prepared to vote
whenever you're ready.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: If anyone else has some items, I want to run through two or three items.
Vice Chairman Gort: There's quite a few items. But before we vote, on the discussion --
Commissioner Teele: On the budget, yeah.
Vice Chairman Gort: On the budget? OK.
Commissioner Teele: Number one, on the personnel matter, I asked for a report at the last meeting. Is
that report ready?
Mr. Gimenez: You're talking about the benefits?
Commissioner Teele: No, no, I'm not talking about that. The City Attorney has opined that you can do
that administratively, and that there is no need -- and I met with Mr. Nachlinger, and he satisfied --
Madam Personnel Director, two or three quick things. Again, we have nothing in this budget for people
who live in the City of Miami. Next year, I am interested in seeing incentives, Mr. Manager, for people
that live in the City of Miami, some forms of incentives that you all can come up with. But I really do
think that it's important that we try to "incentivize." I don't want to punish anybody for not living in the
City. That's not what I'm saying. But I think we ought to provide, wherever we can, positive incentives.
One such incentive, I believe, should be that -- I heard you say that there's 200 or something jobs that
you're going to fill this coming year, or something about that or whatever. I mean, I think we should
adopt, if possible, a resolution that gives preference to City of Miami residents wherever possible for
hiring. Is there any such provision right now?
Angela Bellamy (Director, Human Resources): Yes, we do, Commissioner. In terms of -- Angela
Bellamy, Director of the Department of Human Resources. We do highlight, we note whether applicants
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are City residents, and we particularly, in terms of those classifications where we certify based on a
promotional basis, Police and Fire, they get preference in terms of certification to the departments.
Commissioner Teele: I'm aware of Police and Fire, yeah.
Ms. Bellamy: Yes.
Commissioner Teele: I was saying, I was talking --
Ms. Bellamy: For any promotional positions, yes, or any competitive positions.
Commissioner Teele: Ms. Bellamy, as it relates to City employees that are out -stationed -- Sister Cities,
or MMAP (Miami -Metro Action Plan), or anywhere, CRA (Community Redevelopment Agency) -- are
those persons afforded the same promotion, cost of living, et cetera? Does that apply Citywide and across
the board?
Ms. Bellamy: Yes. Absolutely, yes.
Commissioner Teele: And as it relates to training opportunities, which was the question that I raised in the
previous meeting, what type of aggressive training program are we going to have? And are we going to
have classes where we teach people telephone etiquette, and how to answer phones, and those kinds of
things?
Ms. Bellamy: Yes. We're going to have classes for that. You mentioned, Commissioner, at the last
meeting regarding customer service. We have that. We've had that for a couple of years. I do think it's a
good idea to have something specifically designed for NET, because they're at a different level of
customer service. And we will begin planning to have specific training for them.
Vice Chairman Gort: They need a lot of training there.
Ms. Bellamy: The training that is afforded to all of the City employees is also afforded to MMAP, to
CRA, those who are employees within the City.
Commissioner Teele: Is there one number, Mr. Manager that a person can call and make a complaint?
Somebody calls the City. They say, "Hey, you know, I don't really care, I got something else to do," hang
up. That wouldn't happen in the City of Miami, but just hypothetically, if it did, is there a number where
someone can call and complain, and leave -- either a live person, or a voice mail or anything? Is there a
centralized complaint number, at all, in the City of Miami?
Mr. Gimenez: I don't believe so. I think there used to be one in the past, but I think it's been
discontinued. The Police Department is now looking at the possibility of -- and have a grant to implement
a 311 system. And that would be a 311 system that would be routed to each individual NET Office. So
basically, if you did have a complaint or a problem, whatever, you dial 311, and it would route you to the
NET Office and get you in contact with a live person.
Commissioner Teele: But if the NET Office says, "Hey, forget it" -- was that you?
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Unidentified Speaker: Yes.
Commissioner Teele: "Forget it." Who do they call?
Mr. Gimenez: They can call me.
Commissioner Teele: OK. Would you look at whether or not there could be? The other issue relates to
technology and training. We're going to continue Internet training, et cetera?
Ms. Bellamy: Well, yes. We have a contract with Executrain, and we provide training for all employees
in that area. In addition, we normally have an entire term of training that would go out, and that, we will
be sending out within the next three or four weeks. So, yes, we do have computer training, and we have
the Word, Access, Excel. We have all of that. That's available to all employees.
Commissioner Teele: Madam Budget Director, what is the amount of money in this budget that is
reserved for capital projects that is non -Community Development?
Linda Haskins (Assistant City Manager): For capital projects --
Commissioner Teele: General fund capital projects.
Ms. Haskins: Total capital projects are nine point six million.
Commissioner Teele: How much?
Ms. Haskins: Nine point six from the general fund.
Commissioner Teele: So for the entire City of Miami, from -- not including CDBG (Community
Development Block Grant) funds, what's the total amount of the budget?
Ms. Haskins: That's transferred from the general fund is nine point six eight two.
Commissioner Teele: I understand. And there may be some other -- may be some gas tax money, maybe,
or something. But from a general fund point of view, we are allocating nine million dollars ($9,000,000).
And I think the question that we have to ask ourselves: Is this the responsible amount of dollars? Mr.
Chairman, I have a resolution that I would like to propose at the end of this meeting that requests that the
DDA and Commissioner Winton and other business leaders and others make a special report with moving
toward a capital plan for downtown Miami for the first meeting in November. I really think that, you
know, if we don't put it in this budget, it's not going to be there. It's just all talk. And we're not going to
get around to doing this till next year, Willy, if we don't begin that process. And I spoke to George Perez
today, who is doing a half a billion dollar project for the City of West Palm Beach, apparently. And it is a
program that is going to totally revitalize downtown West Palm Beach. And it's that old story.
Everybody sort of, you know, goes, gets jobs and opportunities.
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Vice Chairman Gort: Commissioner, let me tell you, the Marketplace, the Flagler Marketplace, which is
something that when I got in was already being in the process of being planned has been the most difficult
project to put together. And that's going to change the whole thing. We now presently have two major
consultants from metropolitan areas looking at the whole Central Business Corridor, to make changes and
to be able to assemble land to really create some projects in there. And we're going to need a lot of help.
Commissioner Teele: Commissioner, I deeply respect what the DDA (Downtown Development
Authority) is doing. And I'm very supportive. But I'm going to tell you this: We talk about it here in the
Commission. But if we don't put it in a budget line item -- and I mean, I don't represent downtown. It's
not in my district. But I can tell you one thing: The tax base of the City of Miami --
Vice Chairman Gort: Thirty-three percent.
Commissioner Teele: -- is keyed and centered on Brickell and downtown. And we're working in Park
West in an area. I've expressed a concern about the Omni and the importance of the Performing Arts
Center. But I really do believe that the number one problem, if we're going to keep this whole thing
moving, is we've got to come up with a capital plan for downtown. And Willy, I said this to you a year
ago when we had the budget meeting a year ago. If the -- The Manager's Office needs to give us an
impact of the parking surcharge. We need to look at the major areas. We need to know representatively
how much of the parking surcharge is collected in the Grove, how much in Brickell, how much in
downtown and how much in Omni, in those areas, Park West being a part of downtown. And I'm going to
tell you something. It's the same thing I keep saying about solid waste. People don't mind paying if
they're getting something. If the downtown businesses knew that a percentage of the parking surcharge
were earmarked for downtown, the opposition to the parking surcharge would become much more muted.
And I know that we can't take those dollars and put it there. But if we're collecting twelve million dollars
($12,000,000) in parking surcharge -- is that a good number, Madam Budget Director? Parking
surcharge? If we're collecting twelve million dollars ($12,000,000) in parking surcharge, I would be
willing to bet you that at least five to six million dollars ($6,000,000) of that is coming from downtown,
including Park West and the Omni area, at least half of it. I mean, Willy, do you agree or disagree?
You're the head of the DDA.
Vice Chairman Gort: I agree with you. That's where most of the --
Commissioner Teele: And I believe that as a matter of policy, and what I'd like to do coming out of this
meeting in November, depending upon what the need is, I would like , to establish a policy that the
equivalent of whatever the parking surcharge is, a percentage of it will stay within those areas as capital
projects. In other words, if you want to solve the problem that we heard so eloquently this morning on
Brickell and Coconut Grove, then let's look at where the parking surcharge is, and let's begin to look at
that. The parking surcharge expires in four years, or five years or whatever the number is. And we don't
need to wait until it's ready to expire to run around and try to get support for it, if we want to continue it.
So I just offer that, Willy. You're the DDA chairman. Commissioner Winton is the district person, and I
don't really have anything to do with it, other than the fact that I do understand that we are not treating our
downtown right. And I think we need to go ahead and do that in the budget process, as opposed to all
these, you know, gripe sessions that we entertain.
Commissioner Winton: Mr. Chairman.
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Vice Chairman Gort: We will. We'll bring it to you. We have it. Yes, sir.
Commissioner Winton: I want to accent that with an example. As I said this morning, when I was giving
out the certificate -- what was it?
Commissioner Teele: The NAP (Network Access Point) certificates.
Commissioner Winton: Yeah. When we gave out the awards to all the employees who did a good job
with the NAP. And I said that I was on that panel discussion yesterday morning with a bunch of the
technical people tied to the NAP. One of the presenters, is a recent -- is a newcomer to the City of Miami
from Boulder, Colorado. And he stood up in front of that room with 150 people, and. he said, "I moved
my people seven blocks. I moved them out of an office where they only had cubicles into an office
building where they have full offices.". That's seven blocks was from Brickell to downtown. And he says,
"I've had nothing but headaches and great depression." And he said, "We virtually have to be this close to
the NAP facility." But there's a lot of businesses that don't have to be that close to the NAP facility.
They want to be that close, but they don't have to be that close. And just as the major web design
company that's going to West Dade and leased 350,000 square feet of space in West Dade, in the
Everglades, those people have choices. And instead of locating in Park West, and downtown and the
whole Florida East Coast Rail Corridor redevelopment area that would dramatically impact Little Havana,
and Liberty City, and Overtown, and Allapattah, and Little Haiti, those people don't have to go into these
places. And I'm telling you, based on the reaction that that guy stood up and said publicly his employees
had over a move seven blocks north, we will see that more and more. And we could lose the war over
great jobs and a great economy for the City of Miami that will come to us, handed to us gift -wrapped by
this NAP if we don't focus intensely on infrastructure improvements. And doing these things like
politically expedient rebates takes away our ability to take maximum advantage of real income coming our
way that could be long, long lasting, economic benefit to all of our residents, including those that you say
could use the forty dollars ($40). 1 am saying, don't give them forty dollars ($40). Give them five
hundred dollars ($500). Give them a thousand dollars ($1,000). And that's what we can give them if we
do this right. If we continue to do it the expedient way, we're going to do it wrong, and we're going to
lose the war.
Vice Chairman Gort: OK. Any further discussion on the budget?
Commissioner Sanchez: None whatsoever.
Vice Chairman Gort: OK. I have a request from Mr. Castillo, who has been coming here for the last 12
years.
Albio Castillo: Twenty-eight.
Vice Chairman Gort: How many years?
Mr. Castillo: Twenty-eight.
Vice Chairman Gort: Twenty-eight years. You have your two minutes, sir.
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Commissioner Sanchez: Well, we're going to give you a rebate. Two minutes and a half.
Mr. Castillo: What? You're going to give me a rebate? No, I doubt that.
Vice Chairman Gort: Name and address.
Mr. Castillo: Really? 2386 Southwest Fifth Street.
Vice Chairman Gort: And your name?
Mr. Castillo: Albio Castillo. It's going to be short. It doesn't take me two minutes. I've been doing this
for 28 years. I think I should be able to do it. Maybe somebody could give me a proclamation. I've been
coming in here for so long.
Vice Chairman Gort: I'll get you one.
Commissioner Sanchez: Whose district are you in?
Vice Chairman Gort: Yours.
Mr. Castillo: You are. Yes, you are.
Commissioner Winton: We'll get you one anyhow.
Mr. Castillo: I'd like to ask this question: Who is the liaison for Tallahassee? I'd like to ask you this
question: Can you change the Code Enforcement up in Tallahassee? That is my pet project for years, to
change the law so the City. of Miami could --
Commissioner Sanchez: The City of Tallahassee.
Mr. Castillo: No. So we could collect money, the City. There's been -- there's always a problem in the
City of Miami in collecting. I was watching the joke board, which I call it, the Code Enforcement. The
Freedom Tower had forty-six thousand dollars ($46,000) in fines and they litigated it for five thousand
dollars ($5,000). I'd like to know why.
Commissioner Sanchez: That's not uncommon.
Mr. Castillo: Oh, I know that. I see it every day just about in that. Why can't the City do something to
change the law in Tallahassee? There's got to be a way to change that in order to bring in more money for
the City. I'd also like to know if they're going to do something for the dog, Atlas.
Commissioner Sanchez: The what?
Mr. Castillo: The dog, Atlas. The dog that got killed. I'd like to know if they're going to have like a
plaque or something for these dogs that die.
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Commissioner Sanchez: That's the K-9 for the Police Department.
Mr. Castillo: Right.
Commissioner Sanchez: I believe there was a memorial at Bayfront Park.
Mr. Castillo: Are they going to have it like in a police station, something like that?
Commissioner Sanchez: Well, we would have to ask the Chief. I'm sure that they would recognize --
Mr. Castillo: Or somebody. Hello?
Vice Chairman Gort: They're not here, Albio. That's a good --
Mr. Castillo: Call collect.
Vice Chairman Gort: That's a good suggestion.
Commissioner Sanchez: I'll tell you one thing: Some little girl from --
Mr. Castillo: Hello, call collect.
Commissioner Sanchez: -- somewhere in the middle of the State did donate a bulletproof vest for the dog.
Vice Chairman Gort: So they won't get shot anymore.
Mr. Castillo: That's good. That's about five hundred dollars ($500).
Vice Chairman Gort: OK. Thank you, Albito.
Chief Martinez: What we did -- Raul Martinez, Chief of Police. What we did is, we honored the officer
for the dog for the -- we gave him two departmental awards that we give for officers slain in the line of
duty, since this is a dog that basically, he saved the officer's life, because the bullet --
Mr. Castillo: Two of them to be exact.
Chief Martinez: -- the bullet was going straight for the officer. We gave those awards to the handler of
the dog. It is the Medal of Honor and -- I don't know what the other one was. I'm sorry.
Mr. Castillo: OK. I'd also like to ask this: When we put the citizens recycling in the middle of the -- in
the -- like in the grass, why do they have to put it over on the other side? That cost about ten dollars ($10)
every time they break the frigging thing. It takes about four months to do it.
Commissioner Sanchez: You're talking about the container?
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Ms. Castillo: Yes, sir.
Vice Chairman Gort: Yes. Thank you. Albio let me tell you, we had an internal audit where a lot of
those things have come up. The Manager has looked at it, and he has committed to us that he is going to
look at each one of those items, and there will be some money savings in those items. Thank you. Any --
Commissioner Sanchez: Come on, Willy. We got to move on.
Vice Chairman Gort: Can I have a motion? We have a motion and a second.
Commissioner Sanchez: For approval of the budget?
Vice Chairman Gort: Yes.
Commissioner Sanchez: Call the question.
Vice Chairman Gort: OK.
Mr. Vilarello: It's an ordinance. If the Commission would consider one item. With regard to the Law
Department budget, the City Manager has agreed with me with regard to a special legal project to respond
to the loan issues with regard to the HUD (Department. of Housing and Urban Development) audits, and
authorized three positions that would be payable out of CDBG funds which would not impact on the
indirect cost to the City. So because this budget ordinance limits the number of employees per
department, I would need a change in the structure, not with regard to money but simply with regard to --
Commissioner Winton: I move it.
Commissioner Teele: Second.
Mr. Vilarello: It would be one Assistant City Attorney, a paralegal and a legal assistant.
Vice Chairman Gort: Moved by Commissioner Teele, seconded by Commissioner Winton.
Commissioner Teele: As an amended to the budget.
Vice Chairman Gort: An amendment to the budget. All in favor state it by saying "aye."
Commissioner Winton: Aye.
Commissioner Teele: Aye.
Commissioner Regalado: Aye.
Commissioner Sanchez: No, it's an ordinance. It's an ordinance, right?
Commissioner Teele: No, no, no, that's an amendment.
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Vice Chairman Gort: No, no, this is the amendment to the budget.
Commissioner Sanchez: Oh, an amendment? OK. Aye.
Vice Chairman Gort: Aye.
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-854
A MOTION AUTHORIZING THE LAW DEPARTMENT TO ADD
THREE POSITIONS: ONE ASSISTANT CITY ATTORNEY, ONE
PARALEGAL AND ONE LEGAL ASSISTANT.
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
Vice Chairman Gort: Read the ordinance.
Commissioner Teele: Mr. Chairman, before you do, Jay is here, Jay Constanz. There ' are a number of
issues. I don't want to delay us on this, but I think, Jay, you need to just come down and we need to agree
on this. Madam Budget Director.
Vice Chairman Gort: What's this?
Commissioner Teele: This is on the --
Commissioner Sanchez: Bayfront Park.
Commissioner Teele: -- the budget as it relates to Bayfront Park. The amount of money in this budget is
how much for Bayfront?
Vice Chairman Gort: Do you have the number?
Commissioner Sanchez: Three point three.
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Jay Constanz: That's three point --
Vice Chairman Gort: State your name and address.
Mr. Constanz: Yeah. Jay Constanz, Bayfront Park Executive Director. That's the total budget is three
point three.
Commissioner Teele: I'm not talking about his budget.
Mr. Constanz: The City, City subsidies.
Commissioner Teele: I'm talking about the City budget, right.
Vice Chairman Gort: The City budget. How much of your three point comes from the general funds?
Commissioner Winton: I thought it was a million, eighty-five thousand.
Commissioner Sanchez: One million, eighty-five.
Commissioner Winton: A million, eighty-five.
Commissioner Sanchez: One million, eighty-five. Fifty thousand dollars ($50,000) comes from the
Knight Foundation for the laser tower.
Commissioner Teele: Jay, I think, you know, you and I have discussed this. And I certainly don't want to
belabor this. You've indicated to me that you all are prepared, you're recommending to the Bayfront
Trust a series of budget amendments to this budget that we have, that we will be taking up. Is that a fair
statement?
Mr. Constanz: That's correct.
Commissioner Teele: OK. This budget does not reflect a series of issues that we went over, particularly
as it relates to the carryover dollars. It's about seven hundred thousand, plus the amount of dollars that
you all borrowed from the Commission and the repayment. However, the Commission budget is
reflecting that we're going to give you about nine hundred and eighty thousand. What's the number? Is it
nine eighty?
Mr. Constanz: It would be one million --
Mr. Gimenez: (Inaudible comments).
Commissioner Sanchez: Eight eighty-five.
Commissioner Teele: Nine hundred and eight -five thousand dollars ($985,000).
Commissioner Sanchez: No. Eight hundred and eighty-five.
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Commissioner Teele: No. See, that's part of the issue. The City budget is reflecting nine hundred
thousand. Your budget is reflecting eight hundred thousand. And the real number is probably --
Ms. Haskins: The gross budget is a million -o -eighty-five. There's a hundred -- Linda Haskins, Budget
Director. The gross budget is a million -o -eighty-five. And there's a hundred thousand dollars ($100,000)
in debt payment for a net of nine eighty-five.
Commissioner Teele: Payment of what?
Ms. Haskins: One hundred thousand dollars ($100;000) in paying back a debt.
Commissioner Teele: And the fact is, is that the Bayfront Trust has four hundred thousand dollars
($400,000) or three hundred thousand dollars ($300,000) to pay back the full amount now. Is that a fair
statement?
Mr. Constanz: Yes.
Commissioner Teele: So there's three hundred thousand dollars ($300,000) that's over -appropriated,
based upon what they're going to be coming back in, in the next two or three months or two or three
weeks. And it's a technical issue. And I think, Jay, you're doing an outstanding job, and I commend your
chairman. But I do think that it's something that we need to recognize, that we are holding some dollars
there. So my motion would be -- is to instruct the -- a request that the Manager make available to the
Police Department sufficient funding, after the adjustment from the Bayfront Trust, et cetera, for the
purpose of staffing a senior Federal liaison for police activities to further protect the City and to be a part
of the grant solicitation process that this City has done so very well.
Commissioner Winton: What does that have to do with Bayfront Park? I lost that.
Commissioner Teele: It has nothing to do with it. It's to do with general fund dollars. Any time you
move -- any time you spend money, you've got to find a source of money. And what I just showed you,
you got three hundred thousand dollars ($300,000) of money coming back from Bayfront Trust.
Commissioner Sanchez: Commissioner Teele, with all due respect -- and I have the utmost respect for
you -- if anybody should dictate where the money should go, I mean, .it should be the Chairman of that
trust. And if the money should go to anything, it should be for the rebate that we're going to give or
lowering the fees of the garbage fee.
Unidentified Speaker: Rebate?
Commissioner Sanchez: It should go to rebate. I mean, the funds should go to that. How can we take the
funds and --
Commissioner Winton: It should go to park improvements. Rebates to the garbage fee my --
Commissioner Sanchez: If you'd just yield for me for a minute. Let me -- let me just explain this.
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Commissioner Teele: Are you serious? I mean really.
Commissioner Sanchez: I am serious.
Commissioner Teele: See, this is what's getting ready to happen, is that everything is getting ready to get
turned into a rebate. And what's going to happen is there's not going to be any really serious budgeting
going on here now, because every time somebody sees fifty thousand dollars ($50,000) or twenty
thousand dollars ($20,000), It's going to be, well, let's do it for a rebate. And this is very --
Commissioner Winton: Well, I'm voting against all rebates, period.
Commissioner Sanchez: It should go to the surplus. It should go to the surplus.
Mr. Gimenez:. It's already part of the surplus.
Commissioner Sanchez: It's going to the surplus.
Commissioner Teele: I withdraw the motion as it relates to anything relating to Bayfront Trust: Just
understand we have to do that. I would then move that the Management continue to take under
advisement making a senior position available in the Police Department for the purpose of liaison with the
Federal and other governmental bodies for the purpose of continuing to build a closer relationship with the
City, in light of the circumstances that we've had over the last year.
Commissioner Winton: And I would hugely support that effort. I mean, that's absolutely appropriate and
necessary.
Vice Chairman Gort: Sure. We need to have that.
Mr. Gimenez: We'll be working with the Police Chief, and we'll be making -- we'll be implementing that
recommendation.
Commissioner Teele: Would you second it, just so that we carry it as an amendment to the process as a
budget request?
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.
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The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-855
A MOTION REQUESTING THE CITY MANAGER TO TAKE INTO
ADVISEMENT THE CREATION OF THE POSITION OF SENIOR
LIAISON FOR POLICE ACTIVITIES AND OTHER
GOVERNMENTAL BODIES, INCLUDING THE FEDERAL
GOVERNMENT, TO FURTHER PROTECT THE CITY, TO BE PART
OF THE GRANT SOLICITATION PROCESS.
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
Vice Chairman Gort: Can we read out the ordinance?
Commissioner Sanchez: Now we would have.
Vice Chairman Gort: Read it. Hurry.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: OK. Roll call.
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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.
passed on its first reading, by title, at the meeting of September 14, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11970.
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.
COMMENTS MADE DURING ROLL CALL:
Vice Chairman Gort: Where is Commissioner Regalado? "Oye."
Commissioner Sanchez: No, he needs to be here. Is he outside?
Vice Chairman Gort: He's here.
Commissioner Teele: He may be exercising his constitutional right.
Vice Chairman Gort: Yes. When he comes back in, he can exercise his vote.
Commissioner Teele: Well, he can vote -- what's the rule? He can vote up until any other item has been
taken up and voted on?
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Vice Chairman Gort: Sure.
Mr. Vilarello: Yes.
Vice Chairman Gort: Yes.
COMMENTS MADE AFTER ROLL CALL:
Vice Chairman Gort: All right. What's the next budget we have to approve?
Alejandro Vilarello (City Attorney): DDA (Downtown Development Authority). Item 41.
Commissioner Winton: DDA? So move.
Vice Chairman Gort: Commissioner Regalado --
Commissioner Teele: Hold it, hold it, hold it.
Commissioner Sanchez: Oh, he's here.
Commissioner Teele: Did you want to vote on the budget?
Commissioner Regalado: Yes.
Vice Chairman Gort: Yes. Good.
Commissioner Teele: You want to call his in?
Walter Foeman (City Clerk): Commissioner Regalado votes "yes."
Commissioner Regalado: Yes.
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58. (A) SECOND 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 NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN DISTRICT; PROVIDING THAT MILLAGE AND LEVYING OF TAXES BE IN
ADDITION TO SPECIAL ASSESSMENTS.
(B) SECOND 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.
Vice Chairman Gort: DDA (Downtown Development Authority) budget.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Move it. Second.
Vice Chairman Gort: It's been moved and seconded. Discussion. Being none, all in favor =- read it.
Commissioner Teele: Ordinance.
Alejandro Vilarello (City Attorney): It's an ordinance, and it has a proposed millage rate. The proposed
millage rate is --the proposed millage rate is point 5 (.5) mills on the dollar for the purpose of financing
operation of the Downtown Development Authority of the City of Miami.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Mr. Vilarello: And Mr. Chairman, for the record, I did make a modification of the ordinance. I read it
correctly into the record, and we'll need to change it to correctly reflect the fiscal year that we're talking
about.
Commissioner Teele: All right.
Vice Chairman Gort: All right. Roll call.
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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,
2001, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF
NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT 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.
passed on its first reading, by title, at the meeting of September 14, 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11971.
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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Vice Chairman Gort: Next budget.
Commissioner Sanchez: Bayfront Park.
Vice Chairman Gort: We'll leave that one last. Bayfront Park.
Commissioner Sanchez: So move.
Commissioner Teele: Second.
i
Commissioner Winton: I thought we just did it. We didn't do it before?
Commissioner Teele: No.
Commissioner Sanchez: No.
Commissioner Winton: Oh. We did Commissioner Teele's deal. OK.
Commissioner Teele: No. We only looked at the general fund appropriation to that.
Vice Chairman Gort: General funds appropriation. OK. It's been moved and seconded. Any discussion?
Being none, read it.
Commissioner Teele: It's a resolution.
Commissioner Sanchez: We voted on the DDA.
Vice Chairman Gort: We're on Bayfront Park now. Whoa. It's only 10:06.
Commissioner Teele: Do you have a roll call vote on DDA?
Vice Chairman Gort: Yes, he did.
Mr. Foeman: No, not on Part B. Only on Part A.
Commissioner Sanchez: Oh, Part A.
Mr. Vilarello: The millage rate on DDA, and now we're doing the budget on DDA.
Vice Chairman Gort: OK. The millage rate on DDA. OK.
Commissioner Sanchez: So move.
Mr. Vilarello: And it's an ordinance.
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Commissioner Winton: Second.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE 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.
passed on its first reading, by title, at the meeting of September 14, 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 L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11972.
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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Commissioner Winton: Is DDA getting a rebate?
Vice Chairman Gort: I think it's important for people to understand the DDA budget is a special
assessment paid by the property owners in downtown Miami.
Commissioner Teele: Yeah, but you see, my problem, Willy, is that we've got to look at putting a capital
Vice Chairman Gort: Of course.
Commissioner Teele: -- line in there. I mean --
Vice Chairman Gort: They've been paying for a long time, and now, they need help. And we're going to
bring it to you, believe me. We have it. We have the Chief of Staff taking notes back there.
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59. (A) APPROVE AND ADOPT ANNUAL BUDGET OF BAYFRONT PARK
MANAGEMENT TRUST, $3,307,663, TO PROVIDE FOR OPERATIONS AND MAINTENANCE OF
MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR FISCAL YEAR 2000-2001.
(B) RECOGNITION OF COMMISSIONER JOE SANCHEZ AND BAYFRONT PARK
TRUST FOR ITS REMARKABLE TURN AROUND OF BAYFRONT PARK -- THANK CHRISTINA
ABRAMS AND JAY CONSTANZ.
Vice Chairman Gort: OK, Bayfront Park.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, read the ordinance.
Alejandro Vilarello. (City Attorney): It's a resolution.
Vice Chairman Gort: For Bayfront Park?
Mr. Vilarello: Yes.
Commissioner Teele: A resolution.
Commissioner Sanchez: Yep.
Vice Chairman Gort:. How come for Bayfront Park it's a resolution, and for everybody else, it's an
ordinance?
Commissioner Teele: Because they are not a City agency directly. They are a7 -
Mr. Vilarello: They're not an independent agency of the City. They're --
Vice Chairman Gort: Well, I don't know. We have to check about that.
Commissioner Sanchez: Hey, come on now.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
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Ej
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-856
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING AND ADOPTING THE ANNUAL
BUDGET OF THE BAYFRONT PARK MANAGEMENT TRUST, IN
THE AMOUNT OF $3,307,663, TO PROVIDE FOR THE
OPERATIONS AND MAINTENANCE OF MILDRED AND CLAUDE
PEPPER BAYFRONT PARK, FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30,
2001.
(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 Sanchez: Mr. Chairman, if I just may, I need to thank Christina Abrams; who took on
when we had the crisis at the Bayfront Park, and she did an exceptional job, and then once again, Jay
Constanz, who has come on board. And, of course, you know when we came in the budget, Bayfront Park
was operating at a deficit for the prior year to the tune of one million, and we've been able to turn that
around. And today, we have a surplus. So I'd like to thank them, because they need to be recognized for
the outstanding job that they do. Jay knows my approach on Bayfront Park. It's hands off. I just put the
goal. I set the goals for them, and they accomplish it. And they've done a great job. So I tip my hat to
each and every one of you. Thank you.
Commissioner Winton: If you don't mind, I'd like to accent that. I remember before I got elected, the
Bayfront Park needed to get an extra five hundred thousand dollars ($500,000) from the City of Miami's
general fund. And I think that Commissioner Sanchez and the staff of Bayfront Park, and the Manager
and administration have done a heck of a job, really, at paying attention to the details, and not only wiped
out that kind of deficit, and we won't see that kind of deficit again. But now then they're -- except for the
money that the City really provides, which is the generally money -- essentially operating with a surplus
there. And that's outstanding. And I hope that we can get to the point where that million, eighty-five is a
whole lot less. And I'm sure under the appropriate leadership, we can get there. And I want to take my
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hat off to all of you for doing a great job. Commissioner Sanchez, your leadership did it. Nothing
happens without leadership.
Commissioner Sanchez: You know, I often ask myself, I say, how does Commissioner Teele -- you know,
and you at the International Trade Board, you with the DDA -- that really takes a lot of time out of our
personal schedules to work and apply so much time. And, you know, you got to have good people
running it. I think the people need to take that into consideration, you know.
Vice Chairman Gort: Well, we have some good people working.
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60. APPROVE AND ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET
PARKING FOR FISCAL YEAR 2000-2001, $7,876,732, EXCLUDING DEPRECIATION, AND
OTHER NON-OPERATING EXPENSES OF $2,285,963.
Vice Chairman Gort: What else do we have?
Alejandro Vilarello (City Attorney): Item 43 is the Department of Off -Street Parking.
Commissioner Teele: I would move the item of Off -Street Parking.
Vice Chairman Gort: I don't know. Do we really want to move it?
Commissioner Regalado: Second. Second.
Commissioner Winton: I want a rebate from them.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Vice Chairman Gort: Seconded. Discussion.
Commissioner Teele: Mr. Chairman, on the discussion item. At the end of this, I would like to again
move the issue of the downtown -- I think it's really important that Off -Street Parking -- Commissioner
Winton made a very important statement. It sounded maybe like a bunch of words before, but we cannot
strictly look at the parking issue as it relates to Off -Street Parking. We've got to look at how parking
interconnects, and housing, and all of that becomes very, very important. In the discussion that we're
hoping to have with the downtown forces, under the leadership, of course, of the Commissioner whose
district it is and the DDA, I would hope that Off -Street Parking is made a full partner in what needs to be
done. And Art, what we're talking about is how do we really come up with a capital program to make
Off -Street -- to make downtown work better? And it's not like us versus them. I mean, we're all in this
together. If downtown flourishes, Off -Street Parking is going to flourish, and vice -versa. But we've got
the DDA; we've got Off -Street Parking. We've got the Commissioners' district, and we've got people
who are trying to do major developments. And I want to just say, Art, that I really do think that part of the
problem with Off -Street Parking is not enough of you all's budget has gone into those kinds of
infrastructure items. And I hope we can work a relationship that gets us there.
Vice Chairman Gort: OK. There's a motion and a second. Further discussion. Commissioner Winton.
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Commissioner Winton: Well, actually, I was going to say -- it's kind of unrelated, but Commissioner
Teele triggered the thought, and that is that it's interesting, as much as I hate the idea of this rebate
business, but as I look at each of the Commissioners, Commissioner Gort is Chairman of the Downtown
Development Authority. Commissioner Sanchez is Chairman of the Bayfront Park Trust. Commissioner
Teele, you're the Chairman of the CRA (Community Redevelopment Agency) for both the Park West and
Omni Area. And Commissioner Regalado, you're the liaison for the Visitors and Conventions Bureau,
and the lion's share of the hotels and tourism events in the City of Miami or either downtown or in
Coconut Grove. And one of the, I guess, interesting, one of the positive points of being a Commissioner
at this particular point in time is the fact that each of you have a real defined interest, not just in your
district, but in the area that has a dramatic impact on the whole City. And I think that each of you are
doing one heck of a job at focusing on how those pieces of the puzzle fit into the greater whole. And so
that makes the job that I have as the District 2 Commissioner one heck of a lot easier. And I really do
appreciate the work that each of you are doing in each of your individual regards as it relates to that
whole. So thanks.
Vice Chairman Gort: Let me tell you, Commissioner Winton has the best committee there is. He. got to
go to Spain, and he didn't invite any of us. He took only himself. That's all right.
Commissioner Sanchez: He didn't invite any of us, that's right.
Commissioner Teele: He didn't invite one of us, not nary one of us.
Vice Chairman Gort: He didn't want to take any of us. He went by himself.
Commissioner Winton: Listen. You all drafted me into every single job I have. I didn't ask for any of
them. You all drafted me into each of them. And in each of those jobs, I've made a commitment to make
something positive happen. I don't know all the rules. I'm just going, getting new businesses coming to
Miami.
Vice Chairman Gort: OK. Any further discussion? Is this a resolution or --?
Alejandro Vilarello (City Attorney): It's a resolution.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
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The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-857
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING AND ADOPTING THE ANNUAL
BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR
THE FISCAL YEAR COMMENCING OCTOBER 1, 2000 AND
ENDING SEPTEMBER 30, 2001, IN THE AMOUNT OF $7,876,732,
EXCLUDING DEPRECIATION, AND OTHER NON-OPERATING
EXPENSES OF $2,285,963, 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 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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61. APPROVE AND ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET
PARKING FOR FISCAL YEAR 2000-2001, $688,500, EXCLUDING DEPRECIATION, TO PROVIDE
FOR OPERATION OF GUSMAN CENTER FOR PERFORMING ARTS AND OLYMPIA BUILDING
(See #67).
Commissioner Sanchez: Any other item?
Commissioner Teele: Mr.. Chairman.
Vice Chairman Gort: We have some district -- my district that I have to bring two items.
Commissioner Teele: Mr. Chairman, on the budget.
Alejandro Vilarello (City Attorney): Still with regard to Off -Street Parking, there is a resolution with
regard to the budget for Gusman.
Commissioner Winton: So move.
Commissioner Teele: What does the resolution say?
Mr. Vilarello: It's a resolution with attachments, approving and adopting the annual budget of the
Department of Off -Street Parking for the fiscal year commencing --
Commissioner Teele: Second the motion.
Mr. Vilarello: -- October 2001 and ending September 30, 2001, in the amount of six hundred and eighty-
eight thousand, five hundred.
Vice Chairman Gort: Moved by Commissioner Winton.
Commissioner Sanchez: How much?
Mr. Vilarello: Six hundred and eighty-eight, five hundred dollars ($688,500), excluding depreciation, and
providing for the operation of Gusman Center for the Performing Arts and the Olympia Building.
Vice Chairman Gort: That's within the Off -Street Parking budget.
Commissioner Regalado: Excuse me?
Mr. Vilarello: This is the City's contribution to the operation of the Gusman Center.
Commissioner Winton: Which has been historic.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
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Vice Chairman Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-858
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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62. (A) APPROVE AMENDMENT TO FISCAL YEAR 2000 BUDGET FOR SOUTHEAST
OVERTOWN/PARK WEST AND OMNI CRA DISTRICTS.
(B) APPROVE FISCAL YEAR 2001 BUDGET FOR SOUTHEAST OVERTOWN/PARK
WEST AND OMNI CRA DISTRICTS.
(C) APPROVE CAPITAL PROJECTS AND PROGRAMS FOR SOUTHEAST
OVERTOWN/PARK WEST AND OMNI CRA DISTRICTS.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: If you will recall, in July, before we broke, at the request of my colleague,
Commissioner Sanchez, the CRA (Community Redevelopment Agency) Board did not approve its budget.
Vice Chairman Gort: Correct.
Commissioner Teele: And I need to make sure that the staff -- Madam Budget Director, wherever you
are -- OK. And at the last board meeting, we approved for transmittal purposes, with the understanding
that the board has still got to move it. What that did, however, is it took the CRA out of the track of
putting its budget before the Commission for approval. In that we have -- we wear two hats and we'll
have to approve every item again, it was agreed at the last CRA board meeting that we would transmit to
the meeting tonight the budget items that are required by -- that should be done in the month of September
as a part of the budget process. And so I would move the pocket item, Southeast Overtown amended
budget for FY year 2000, followed by the Omni 2000, followed by the budget for 2001 for Southeast
Overtown and then 2001 for Omni. So --
Commissioner Winton: Second.
Commissioner Teele: That's the procedure. So I would move the first one, which is the Southeast Over --
there's a resolution that's been passed out. Is that correct, Ann?
Commissioner Winton: Yes.
Commissioner Teele: Is that correct?
Commissioner Winton: I got it.
Commissioner Teele: I would move the Southeast Overtown/Park West Community Redevelopment plan
amended budget for fiscal year 2000.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Discussion. Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
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C
•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-859
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING AND ADOPTING THE AMENDED
BUDGET FOR THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY FOR FISCAL YEAR
2000, ATTACHED HERETO AS `EXHIBIT A" 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
Commissioner Teele: I would move the Omni Redevelopment amended budget for year 2000.
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.
291 9/28/00
• 0
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-860
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING AND ADOPTING THE AMENDED
BUDGET FOR THE OMNI COMMUNITY REDEVELOPMENT
AGENCY FOR FISCAL YEAR 2000, ATTACHED HERETO AS
"EXHIBIT A" 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
Commissioner Teele: I would move the CRA budget estimate for fiscal year 2001.
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.
292 9/28/00
Ll
0
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-861
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
Commissioner Teele: I would move the Omni budget estimate for the year 2001.
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.
293 9/28/00
u
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-862
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING AND ADOPTING THE OMNI
COMMUNITY REDEVELOPMENT AGENCY BUDGET FOR FISCAL
YEAR COMMENCING OCTOBER 1, 2000 AND ENDING
SEPTEMBER 30, 2001, ATTACHED HERETO AS "EXHIBIT A" 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
Commissioner Teele: And I would move finally the capital budget for Southeast Overtown programs
projects and programs. 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 Commission (Collectively): Aye.
294 9/28/00
7
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-863
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
Commissioner Teele: And finally, I would move the Omni capital projects and programs budget for year
2001.
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.
295 9/28/00
C
•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-864
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
296 9/28/00
Vice Chairman Gort: Don't go away yet. I have two items.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: And finally, I would move a resolution of the City Commission to
schedule, at a time certain, for the first meeting in November, a meeting to solicit input
relating to infrastructure from the DDA (Downtown Development Authority) -- the
members of the Downtown Development Authority, representatives of the City NET
(Neighborhood Enhancement Team), and Off -Street Parking and other downtown
business and community leaders, as organized by the Commissioner representing the
district.
Vice Chairman Gort:. There is a motion. Is there a second?
Commissioner Winton: I just got another job. Second.
Vice Chairman Gort: Johnny, you second? Don't worry. I'll be therewith you.
Commissioner Winton: With support from?
Vice Chairman Gort: It's been moved and second. Supportfrom DDA.
Commissioner Teele: All that we're saying is that...
Commissioner Winton: No, I agree completely.
Commissioner Teele: ...you know, it's a whole bunch of things and I don't — but I'm just
very frustrated. We keep talking about this capital thing, but if we don't put it in the
budget — we just approved the budget and we didn't do anything.
Commissioner Winton: I agree.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
297 9/28/00
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-865
A RESOLUTION OF THE MIAMI CITY COMMISSION
SCHEDULING A TIME CERTAIN OF 3:00 P.M. AT THE
NOVEMBER 9, 2000 CITY COMMISSION MEETING TO
SOLICIT INPUT RELATED TO INFRASTRUCTURE AND
ORGANIZATIONAL GOALS AND OBJECTIVES FROM THE
LEADERS OF THE DOWNTOWN MIAMI BUSINESS
COMMUNITY, MEMBERS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY, AND REPRESENTATIVES
FROM THE CITY OF MIAMI NET OFFICES.
(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
Mr. Alejandro Vilarello (City Attorney): Commissioner...
Commissioner Teele: The resolution that was printed said October 26th and it was
amended as read to the meeting of November the 6th, as read.
Mr. Vilarello: The ninth.
Vice Chairman Gort: The ninth. November the 9th
Commissioner Teele: November the 9th
Mr. Vilarello: And the time certain, would you like to set that at...
Commissioner Teele: Three p.m.
298 9/28/00
64. RESCHEDULE THE NOVEMBER 23, 2000 COMMISSION MEETING TO TAKE PLACE ON
NOVEMBER 16, 2000.
Commissioner Sanchez: Also, Mr. Chairman, while we're at it, in November, we have a meeting on the
9th. If we could schedule the other meeting on the 16th, or do you want to do a double=hitter on the 9th?
Vice Chairman Gort: My understanding is we're going to try two in one.
Alejandro Vilarello (City Attorney): Traditionally,. the Commission has either consolidated the second
meeting in November to an earlier time, either --
Vice Chairman Gort: It's up to you as the Commission. What does the agenda for November look like?
Do you have any idea, Mr. Manager? If not, we can have two days. We can have the 9t1i and the 16tH
Commissioner Sanchez: If it's OK with everybody, the 16tH?
Commissioner Regalado: The 16th is OK with me.
Commissioner Teele: The 16th of November?
Commissioner Regalado: Yes.
Commissioner Teele: Make it the 91h and the 16th. All right?
Commissioner Sanchez: Because of Thanksgiving.
Mr. Vilarello: So there would be a motion by the City Commission to move the November --
Vice Chairman Gort: There's a motion. November the 91h and November the 16th.
Mr. Vilarello: The 23rd meeting to November 16tH
Commissioner Sanchez: Also, while we're on the schedule for the agenda --
Commissioner Teele: Second the motion.
Vice Chairman Gort: Wait a minute. All in favor.-- second. Any further discussion? Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
299 9/28/00
•
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-866
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF NOVEMBER, ORIGINALLY SCHEDULED FOR
NOVEMBER 23, 2000, TO TAKE PLACE ON NOVEMBER 16, 2000,
COMMENCING AT 9:30 A.M.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded Commissioner Teele, the resolution was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gon
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
300 9/28/00
i
r74
65. DIRECT MANAGER TO SCHEDULE SECOND READING OF PROPOSED REGULATION
ON HOURS OF OPERATION OF PACKAGE STORES FOR ALCOHOLIC BEVERAGES.
Commissioner Sanchez: Also, while we're on the agenda, on October the 12th, the ordinance for the
packaged liquor, I would like a time certain after 5 o'clock.
Vice Chairman Gort: Yes.
Commissioner Sanchez: If it could be put on the agenda, a time certain, after 5 o'clock:
Vice Chairman Gort: Okie doke. Don't go anywhere. I've still got two items.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: Twenty --
Commissioner Sanchez: All right. If I could change it to 3 o'clock. -
Commissioner Winton: You mean 3 a.m.
Commissioner Sanchez: No. 3 p.m.
Commissioner Winton: I thought you were changing the ordinance from midnight to 3 a.m. I thought
that's going to defeat the purpose.
Commissioner Sanchez: Time certain 3 p.m., if it's OK with the Commission.
Vice Chairman Gort: OK.
301 9/28/00
66. RESCIND RESOLUTION NOS. 98-580 AND 00-418, ABOLISHING HOUSING LOAN
COMMITTEE; AUTHORIZE AND DIRECT MANAGER TO ESTABLISH AN ELEVEN -MEMBER
HOUSING AND COMMERCIAL LOAN COMMITTEE TO APPROVE/DISAPPROVE HOUSING
AND ECONOMIC DEVELOPMENT LOANS AND/OR GRANTS PROVIDED BY CITY THROUGH
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP
(HOME) AND STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAMS; GRANT
AUTHORITY TO HOUSING AND ECONOMIC DEVELOPMENT LOAN COMMITTEE TO
APPROVE/DISAPPROVE LOAN APPLICATIONS FOR FUNDING TO UNDERTAKE HOUSING
AND ECONOMIC DEVELOPMENT PROJECTS, SUBORDINATION AGREEMENTS, LOAN
RESTRUCTURING PLANS AND/OR LOAN REPAYMENT PLANS FOR HOUSING AND
BUSINESS LOANS IN CITY'S EXISTING LOAN PORTFOLIO; AUTHORIZE MANAGER OR HIS
DESIGNEE TO APPROVE/DISAPPROVE SPECIFIC HOUSING LOANS PROVIDED BY CITY
THROUGH CITY'S CDBG AND SHIP FUNDED SINGLE-FAMILY REHABILITATION AND
HOMEBUYERS FINANCING PROGRAMS; REQUIRING REVIEW AND APPROVAL OF EACH
TRANSACTION BY STATE FINANCIAL EMERGENCY OVERSIGHT BOARD.
Vice Chairman Gort: OK. We have --
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Don't go. We've still got a couple of items.
Commissioner Winton: Commissioner Teele, we're not done.
Commissioner Regalado: Item 20-13, this needs to be really done, because the Loan Committee is not
organized yet. So I'll move 20-13, just with an amendment, stating that the committee will consider new
businesses in order to decide on the loans.
Vice Chairman Gort: OK. There's a motion with an amendment to consider new businesses, also. Is
there a second?
Commissioner Winton: What's that?
Commissioner Regalado: The 20-B item.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Regalado: Loan Committee.
Vice Chairman Gort: Any further discussion? The Loan Committee that's been created. That Loan
Committee before, it was a two-year --
Commissioner Winton: Second.
302 9/28/00
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Winton: Wait, wait, wait. I second, but I want one question. I understand. On the Loan
Committee, however, Commissioner Regalado, are we combining the function of the real estate due
diligence with commercial loan due diligence? I mean, are --
Commissioner Regalado:.I have no idea.
Commissioner Winton: Are both of them doing the same thing?
Commissioner Regalado: This is what they are doing.
Gwendolyn Warren (Director, Community Development): No. We're -- Gwendolyn Warren, Director of
Community Development. We're abolishing the Housing Committee. We're setting up a Housing and
Commercial Loan Committee. We're changing the membership from seven to 11, and we're putting three
commercial lending persons. It'll be a subcommittee.
Commissioner Winton: So we'll have the talent sitting at the table to evaluate. But because they're both -
- there are very, very different due diligence requirements here.
Ms. Warren: You'd have three of three, yeah.
Commissioner Winton: All right.
Ms. Warren: You'll have the talent.
Commissioner Winton: OK. Thank you.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
303 9/28/00
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-867
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RESCINDING RESOLUTION NOS..98-580 AND
00-418 IN THEIR ENTIRETY, THEREBY ABOLISHING THE
HOUSING LOAN COMMITTEE; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO ESTABLISH AN ELEVEN
(11) MEMBER HOUSING COMMITTEE TO
APPROVE/DISAPPROVE CERTAIN HOUSING AND COMMERCIAL
LOANS AND/OR GRANTS TO BE PROVIDED BY THE CIY OF
MIAMI THROUGH THE COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIP ("HOME")
AND STATE HOUSING INITIATIVES PARTNERSHIP. ("SHIP")
PROGRAMS; GRANTING AUTHORITY TO THE HOUSING AND
COMMERCIAL LOAN COMMITTEE TO APPROVE/DISAPPROVE
LOAN APPLICATIONS FOR FUNDING OF AFFORDABLE
HOUSING PROJECTS AND COMMERCIAL (BUSINESS) PROJECTS
AND RELATED TRANSACTIONS, INCLUDING, BUT LIMITED TO,
SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING
PLANS AND/OR LOAN REPAYMENT PLANS FOR LOANS
AFFORDABLE HOUSING PROJECTS AND COMMERCIAL LOANS
IN THE CITY'S LOAN PORTFOLIO; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO APPROVE.DISAPPROVE
SPECIFIC HOUSING LOANS PROVIDED BY THE CITY THROUGH
THE CITY'S CDBG FUNDED SINGLE FAMILY REHABILITATION
PROGRAM AND SHIP FUNDED SINGLE FAMILY
REHABILITATION AND HOMEBUYERS FINANCING PROGRAM;
DIRECTING THE CITY MANAGER TO PRESENT EACH
APPROVED LAON TO THE STATE OF FLORIDA FINANCIAL;
EMERGENCY OVERSIHHT BOARD FOR REVIEW AND FINAL
APPROVAL; AND APPROVING THE CITY OF MIAMI LENDING
POLICY GUIDELINES, ATTACHED HERETO AND MADE A PART
HEREOF, TO IMPLEMENT THE COMMERCIAL LOAN PROGRAM.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
304 9/28/00
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
305 9/28/00
67. CLARIFICATION ON GUSMAN BUDGET.
Vice Chairman Gort: Any other items?
Commissioner Winton: Yes. I have one.
Vice Chairman Gort: I have two.
Alejandro Vilarello (City Attorney): Mr. Chairman, just to correct the record with regard to Gusman. I
indicated -- The City's contribution to the Gusman budget is only a hundred and seventy-two thousand,
five hundred.
Vice Chainnan Gort: OK. Okie doke.
306 9/28/00
68. AUTHORIZE AND APPROVE AMENDMENT TO LOAN AGREEMENT, DATED OCTOBER
25, 1995 BETWEEN CITY AND SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION AND AMENDMENT TO LOAN.AGREEMENT DATED MAY 12, 1994 BETWEEN
CITY AND SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION FOR PURPOSE OF
CURING ANY AMBIGUITY OF CERTAIN PROVISIONS OF LOAN AGREEMENTS AND FOR
PURPOSE OF PROVIDING THAT SUCH LOAN AGREEMENTS SHALL SECURE COMMERCIAL
PAPER ISSUED UNDER TRUST INDENTURE OF COMMISSION DATED OCTOBER 12, 2000;
PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH.
Carlos Gimenez (City Manager): Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Gimenez: We'd like to put a pocket item up.
Vice Chairman Gort: Can I get my items? Go ahead, get your pocket item.
Bob Nachlinger (Assistant City Manager): Thank you, Mr. Chairman. Bob Nachlinger, Assistant City
Manager. I have been requested from the Sunshine State Government Financing Commission -- We have
two loans from them totaling about forty-five million dollars ($45,000,000). They have -- the bonds are
outstanding. They want to refund those bonds. And that requires the City to make an amendment to the
original loan agreements authorizing the refunding. And it's a no -cost issue to the City.
Commissioner Winton: Bob, I didn't hear the beginning. Would you repeat that, please?
Vice Chairman Gort: Whose bonds are these? This is the Sunshine Pool?
Mr. Nachlinger: This is the Sunshine State Pool.
Vice Chairman Gort: Yeah, OK. All right.
Mr. Nachlinger: We have two loans originally totaling forty-five million from this pool. They're wanting
to refund those bonds to refinance the outstanding obligation. And they require our consent to do so.
Commissioner Winton: And what benefit do we get?
Mr. Nachlinger: It is a no cost issue to the City. It actually should reduce our cost slightly.
Commissioner Teele: They won't call the note.
Vice Chairman Gort: Oh, we're reducing. Yes.
Commissioner Winton: Oh, is that the issue here? I mean, could the note be called?
Mr. Nachlinger: No, sir. These bonds --
307 9/28/00
0
Commissioner Winton: All right. So the note can't be called. So it seems to me that if they want to do
that, it's something to their advantage, why don't we get something out of that?
Mr. Nachlinger: We do, sir. We get the lower interest rate that they're refunding --
Commissioner Winton: Bingo. Thank you, thank you, thank you.
Vice Chairman Gort: Yeah. OK. Is there a motion?
Commissioner Teele: So move.
Commissioner Winton: First, yes.
Vice Chairman Gort: Second. Further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
308 9/28/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-868
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE (1) A FIRST AMENDMENT TO A LOAN
AGREEMENT, DATED OCTOBER 25, 1995, IN SUBSTANTIALLY
THE ATTACHED FORM BETWEEN THE CITY OF MIAMI,
FLORIDA ("THE CITY") AND THE SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION ("THE FINANCING
COMMISSION") ["EXHIBIT A"], AND (2) A SECOND AMENDMENT
TO A LOAN AGREEMENT, DATED MAY 12, 1994, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
AND THE 'FINANCING COMMISSION ["EXHIBIT B"], BOTH
AMENDMENTS FOR PURPOSES OF CURING ANY AMBIGUITY OF
CERTAINPROVISIONS OF THE LOAN AGREEMENTS AND
PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND ALL REQUIRED CERTIFICATIONS OR OTHER
INSTRUMENTS OR DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSES; RATIFYING,
APPROVING, AND CONFIRMING ALL ACTIONS TAKEN OR TO
BE TAKEN BY THE CITY MANAGER RELATED TO SECURING
THE .FINANCING COMMISSION'S SERIES B NOTES, AND FOR
ANY CHANGES, INSERTIONS OR DELETIONS APPROVED BY
THE CITY MANAGER RELATED TO THE AMENDMENTS TO THE
LOAN AGREEMENTS; FURTHER DIRECTING THE CITY CLERK
TO ATTEST, CERTIFY AND AFFIX THE CITY SEAL TO SAID
DOCUMENTS, AND DIRECTING THE CITY MANAGER TO
DELIVER SAID DOCUMENTS, AS REQUIRED BY THE TERMS
AND CONDITIONS SET FORTH IN SAID AGREEMENTS, TRUST
INDENTURE, AND DOCUMENTS.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
309 9/28/00
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
310 9/28/00
• . •
69. GRANT $11,000 FOR MIAMI INTERNATIONAL RUGBY SEVENS EVENT AT CURTIS
PARK STADIUM TO SUPPORT ORGANIZING A LEAGUE IN MIAMI.
Vice Chairman Gort: OK. I have two items to come in front that I passed down to you all. If you all
recall, we have allocated fifty thousand dollars ($50,000) for any project that we would like to sponsor
within our neighborhoods. I had a group of individuals here, and I passed down to you the draft. They'd
like to use the Curtis Park Stadium for a rugby competition, which is something that's becoming very,
very famous here in the states. There's quite a few international competitions taking place, and they
would like to start some kind of a league here in Miami. And this would be for a two-day event, and
we're asking for eleven thousand dollars ($11,000).
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Would you yield?
Vice Chairman Gort: Yes.
Commissioner Teele: To allow -- the gavel. Motion by Commissioner Gort. Is there a second?
Commissioner Regalado: Second.
Commissioner Teele: Second by Commissioner Regalado. Is there objection? All those in favor, signify
by the sign of "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Those opposed?
Commissioner Sanchez: Is that the rugby?
Vice Chairman Gort: Yes.
Commissioner Sanchez: That's a violent sport.
Vice Chairman Gort: Why not?
311 9/28/00
0
The following resolution was introduced by Vice Chairman Gort, who moved for its adoption:
RESOLUTION NO. 00-869
A RESOLUTION OF THE MIAMI CITY COMMISION
AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED
$11,000, FOR THE TWO DAY MIAMI INTERNATIONAL RUGBY
SEVENS EVENT TO BE HELD AT CURTIS PARK STADIUM;
AUTHORIZING TH CITY MANAGER TO EXECUTE ANY
DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE
CITY OF ATTORNEY, FOR SAID PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
312 9/28/00
70. MIAMI STREET CODESIGNATION COMMITTEE'S PROPOSED CODESIGNATION OF
STREET TO HONOR NORA SWAN, FORMER FILM COORDINATOR FOR CITY.
Commissioner Teele: Commissioner Gort,. you also had another one.
Vice Chairman Gort: I have another one. The --
Commissioner Teele: Nora Swan, I think.
Vice Chairman Gort: The Nora Swan. If you all -= Today, we have a film industry that is looking very
good within the City of Miami. And there's one lady that really put a lot of work into this, I would say 20
some years ago, which is Nora Swan. Nora Swan was the film coordinator for the City of Miami; I think
was some 25 years ago. She was really the pioneer in bringing this business in here. At the same time,
Nora Swan expedited departments and made sure that when anyone in the film industry would come to the
City of Miami, she would work very closely with them to make sure they stayed here. And for that
reason, I would like to make a motion to send the name of Nora Swan to the name coordinator in the
district.
Commissioner Teele: Street Designation Committee.
Vice Chairman Gort: Street Designation Committee.
Commissioner Teele: Is there a second?
Commissioner Winton: Second.
Commissioner Teele: Second by Commissioner Winton. Is there objection? All those in favor, signify
by the sign of "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Those opposed have the same right. I yield back, Mr. Chairman.,
The following motion was introduced by Vice Chairman Gort, who moved for its adoption:
MOTION NO. 00-870
A MOTION REFERRING TO THE MIAMI STREET
CODESIGNATION COMMITTEE PROPOSED CODESIGNATION OF
A STREET TO HONOR NORA SWAN, FORMER FILM
COORDINATOR FOR THE CITY OF MIAMI.
313 9/28/00
11
r�
u
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
314 9/28/00
L�
7-1. EXPRESS DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF COMMISSION
ON BEHALF OF CITY TO FAMILY AND FRIENDS OF FRANCISCO LOPEZ-BORGES UPON HIS
UNTIMELY DEATH:
Vice Chairman Gort: Do I have a motion to adjourn?
Commissioner Sanchez: Motion to adjourn.
Commissioner Teele: Mr. Chairman, Commissioner Winton had an item.
Commissioner Regalado: One, one, one --
Vice Chairman Gort: He had something?
Commissioner Winton: Well, this could wait till the -- you know, we're tired. Yeah, it can wait.
Commissioner Regalado: No, just one brief. Give me 30 seconds. This is a resolution of the City
Commission expressing deepest sympathy and condolences of the City Commission on behalf of the City
of Miami to the family and friends of Francisco Lopez -Borges, a friend of all of us here: So I'll move
that.
Commissioner Sanchez: Second.
Vice Chairman Gort: 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 Regalado, who moved for its adoption:
RESOLUTION NO. 00-871
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE
CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND
ITS CITIZENS TO THE FAMILY AND FRIENDS OF FRANCISCO
LOPEZ-BORGES, UPON HIS UNTIMELY DEATH.
(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 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 Sanchez: Also, if it could have everyone's signature, as usual, and be presented here to the
family here on a Commission meeting.
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72. COMMISSIONER TEELE RECOGNIZES LEROY CROMARTIE, A 26 -YEAR VETERAN OF
CITY UPON HIS UNTIMELY DEATH.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: In that spirit, Mr. Cromartie, who was a 26 -year employee of the City of Miami
passed away. It's my understanding that we are going to have a tribute to him, and I would ask that the
City Attorney work with the Parks Department to prep the appropriate memorial resolution when the time
is convenient for the family. Thank you, Mr. Attorney.
Vice Chairman Gort: Thank you. You all have a good evening.
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There being no further business to come before the City Commission, the meeting was adjourned at
10:28 p.m.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT
Vice Chairman
(SEAL)
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