HomeMy WebLinkAboutCC 2000-10-12 Minutes•
TY OF MIAMI
COMMISSION
MEETING
MINUTES-
OF
MEETING HELD ON OCTOBER 12, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF COMMISSION MEETING
OCTOBER 12, 2000
ITEM NO. SUBJECT LEGISLATION
1. PRESENTATIONS 10/12/00
RESOLUTION OF CONDOLENCES TO FAMILY PRESENTATIONS
AND FRIENDS OF LEROY CROMARTIE. 2-3
RESOLUTION OF CONDOLENCES TO FAMILY
AND FRIENDS OF FRANCISCO LOPEZ-BORGES.
2. CONSENT AGENDA 10/12/00
DISCUSSION
4-5
2.1 ACCEPT BIDS OF VARIOUS PRE -QUALIFIED 10/12/00
VENDORS FOR DEPARTMENT OF PURCHASING R-00-872
FOR PROVISION OF CITYWIDE GENERAL 6
BUILDING/SPECIALTY TRADE SERVICES;
ALLOCATE $25,000 FOR EACH PROJECT;
ALLOCATING FUNDS FROM OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS.
2.2
ACCEPT BIDS OF INTERBORO PACKAGING 10/12/00
CORPORATION DADE PAPER COMPANY, R-00-873
GLINTON SALES, INC., AND CALICO 7
INDUSTRIES, ON AN ITEM BY ITEM BASIS, FOR
DEPARTMENT OF PURCHASING FOR
PROCUREMENT OF GARBAGE/TRASH BAGS
TO BE USED BY VARIOUS CITY
DEPARTMENTS, INCLUDING OFFICE OF NET
ADMINISTRATION AND DEPARTMENTS OF
SOLID WASTE, POLICE, PUBLIC WORKS, PARKS
AND RECREATION, AND CONFERENCES;
CONVENTIONS AND PUBLIC FACILITIES,
$25,000; ALLOCATE FUNDS FROM BUDGETS OF
VARIOUS USER DEPARTMENTS.
2.3
ACCEPT BID OF SOUTHERN PRECISION
10/12/00
ARMORY FOR PROCUREMENT OF FOURTEEN
R-00-874
SUBMACHINE GUNS FOR DEPARTMENT OF.
8
POLICE S.W.A.T. TEAM, $14,357.50; ALLOCATE
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
2.4
ACCEPT BIDS OF STEIN PAINT COMPANY AND
10/12/00
CROSSCO AMERICA CORP. FOR
R-00-875
PROCUREMENT OF PAINT AND PAINT
8
SUPPLIES FOR VARIOUS CITY DEPARTMENTS;
ALLOCATE FUNDS FROM BUDGETS OF VARIOUS
USER DEPARTMENTS.
2.5
APPROVE PROCUREMENT OF INDUSTRIAL AND
10/12/00
COMMERCIAL SUPPLIES FROM W.W. GRAINGER,
R-00-876
INC., AWARDED UNDER EXISTING STATE OF
9
FLORIDA NEGOTIATED AGREEMENT PRICE
SCHEDULE NO. 2852175-1, FOR VARIOUS CITY
DEPARTMENTS; ALLOCATING FUNDS FROM
OPERATING BUDGETS OF USER DEPARTMENTS.
2.6
APPROVE CONVERSION OF TWO VANS FOR
10/12/00
DEPARTMENT OF POLICE BY E.S.E.F.,
R-00-877
INCORPORATED, $15,551.15, UNDER EXISTING
9
MIAMI-DADE COUNTY BID NO. 3881-4/01-3;
ALLOCATING FUNDS FROM LAW ENFORCEMENT
TRUST FUND.
•
2.7 APPROVE ACQUISITION OF COFFEE SERVICES 10/12/00
FROM ATLANTIS ENVIRONMENTAL SYSTEM R-00-878
CORPORATION FOR DEPARTMENT OF 10
PURCHASING FOR CITYWIDE USE; ALLOCATING
FUNDS FROM OPERATING BUDGETS OF VARIOUS
USER DEPARTMENTS.
2.8 AUTHORIZE ALLOCATION OF FUNDS, $37,134.37 10/12/00
TO DADE COUNTY ASSOCIATION OF CHIEFS R-00-879
OF POLICE, COURT OVERTIME REDUCTION 10
PROJECT; ALLOCATE FUNDS FROM LAW
ENFORCEMENT TRUST FUND.
3. CHANGE MEETING DATES OF NOVEMBER AND 10/12/00
DECEMBER 2000. R-00-880
R-00-881
11-14
4. (A) COMMISSIONER TEELE INDICATED THAT 10/12/00
BY FIRST MEETING OF NOVEMBER THE CITY DISCUSSION
SHOULD HEAR FROM BUSINESS LEADERS AND 15-18
DOWNTOWN DEVELOPMENT AUTHORITY IN
CONNECTION WITH FEASIBILITY ' OF MAKING
DOWNTOWN AVAILABLE AS DESIGNATED
LOCATION FOR LAW SCHOOL (See #34)
(B)COMMENTS ON NEED OF A FINANCIAL
ADVISOR.
5. GRANT REQUEST TO REPRESENTATIVES TO 10/12/00
TOYS FOR KIDS 2000, MIAMI COALITION FOR R-00-882
SAFE AND DRUG FREE COMMUNITY, FOR IN- 19-20
KIND ASSISTANCE IN CONNECTION WITH ITS
DECEMBER 10, 2000 "TOY RUN" EVENT.
6. GRANT REQUEST TO. REPRESENTATIVE OF 10/12/00
AMERICAN HEART WALK, NAMELY MS. 21-22
NICOLE ZELLIGAM, FOR WAIVER OF FEES
FOR USE OF VIRGINIA BEACH PARKING LOT,
FOR THEIR 7TH ANNUAL AMERICAN HEART
WALK ON SATURDAY, OCTOBER 21, 2000.
7. (A) GRANT REQUEST TO ALLIED VETERANS
ASSOCIATION FOR IN-KIND SERVICES BY
DEPARTMENTS OF POLICE, FIRE -RESCUE, SOLID
WASTE, AND PARKS & RECREATION IN
CONNECTION WITH ITSFIRST ARMISTICE DAY
PARADE EVENT HONORING . WORLD WAR I
VETERANS ON NOVEMBER 12, 2000 AT TRINITY
CATHEDRAL; AUTHORIZE MANAGER TO WAIVE
FEES, $6,424, CONDITIONED UPON THE
ORGANIZER.
(B) COMMISSIONER WINTON COMMENTS
REGARDING: COMMISSION POLICY AS PERTAINS
TO FESTIVALS AND SPECIAL EVENTS.
(C) EVENT ON NOVEMBER 12, 2000 TO HONOR
TOMMY LASORDA (See #30)
8. (A) KING MANGO STRUT TO BE HELD ALONG
BISCAYNE BOULEVARD ON DECEMBER 31, 2000;
AUTHORIZE WAIVER OF ALL FEES AND PERMITS
AND PROVISION OF IN-KIND SERVICES BY
DEPARTMENTS OF POLICE, FIRE -RESCUE,
GENERAL SERVICES ADMINISTRATION, SOLID
WASTE, AND PARKS AND RECREATION, $3,000;
CONDITIONING SAID AUTHORIZATIONS UPON
ORGANIZERS.
(B) COMMENTS REGARDING COMMISSION
POLICY FOR FUNDING FESTIVALS/EVENTS.
10/12/00
R-00-884
23-32
10/12/00
R-00-885
33-41
9. EMERGENCY ORDINANCE: AMEND ORDINANCE
NOS. 11705, AS AMENDED, AND 11839 BY
INCREASING APPROPRIATIONS FOR TWO
CAPITAL IMPROVEMENT PROJECTS: (1)
$375,000 FOR HADLEY PARK SENIOR CENTER,
CONSISTING OF FUNDS FROM FISCAL YEAR
2000 GENERAL FUND SURPLUS, AND (2) $600,000
FOR VIRRICK PARK . RENOVATIONS,
CONSISTING OF $150,000 RECEIVED AS GRANT
FROM STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FLORIDA
RECREATION ASSISTANCE PROGRAM AND
$450,000 PROVIDED FROM FISCAL YEAR 2000
GENERAL FUND SURPLUS, WHICH AMOUNT
INCLUDES CASH MATCH REQUIRED BY CITY,
$150,000.
10. SECOND READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED: "DOMESTIC
PREPAREDNESS EQUIPMENT SUPPORT PROGRAM
FUND" AND APPROPRIATE $98,634, RECEIVED AS
GRANT FROM U.S. DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS.
11. SECOND READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED:
"BULLETPROOF .VEST PARTNERSHIP GRANT II
FUND"; APPROPRIATE $81,621.18, CONSISTING OF
GRANT FROM U.S. DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS, BUREAU OF
JUSTICE ASSISTANCE, TO ASSIST POLICE
OFFICERS IN ACQUISITION OF BODY ARMOR.
12. SECOND READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED: "HOMELESS
SOCIAL SERVICES FUND 2000/01" AND
APPROPRIATE $144,000, CONSISTING OF GRANT
FROM MIAMI-DADE DEPARTMENT OF HUMAN
SERVICES, ALLIANCE FOR HUMAN SERVICES,.
FOR GENERAL SOCIAL SERVICES TO HOMELESS
PERSONS LOCATED IN CITY.
10/12/00
ORDINANCE
NO. 11973
42-43
10/12/00
ORDINANCE
NO. 11974
44-45
10/12/00
ORDINANCE
NO. 11975
46-47
10/12/00
ORDINANCE
NO. 11976 .
48-49
13. SECOND READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED: "VIRGINIA
KEY BEACH PARK PRESERVATION PLAN FUND";
APPROPRIATE $25,000, CONSISTING OF GRANT
FROM FLORIDA DEPARTMENT OF STATE,
DIVISION OF HISTORICAL RESOURCES, $12,500,
AND MATCHING FUNDS PROVIDED BY CITY:
$4,100 FROM SAFE NEIGHBORHOOD PARK BOND
FUNDS, AND $8,400 FROM FISCAL YEAR 2000
SPECIAL PROGRAMS AND ACCOUNTS FUND.
14. SECOND READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED: 46LUMMUS
PARK HISTORIC STRUCTURE RESTORATION
FUND" AND APPROPRIATE $300,000 CONSISTING
OF GRANT FROM FLORIDA DEPARTMENT OF
STATE, DIVISION OF HISTORICAL RESOURCES,
$150,000 AND MATCHING FUNDS, $150,000, FROM
MIAMI-DADE COUNTY SAFE NEIGHBORHOOD
PARK BOND FOR HISTORIC RESTORATION WORK
ON WAGNER HOMESTEAD AND FORT DALLAS.
STRUCTURES LOCATED AT LUMMUS PARK.
10/12/00
ORDINANCE
NO. 11977
50-51
10/12/00.
ORDINANCE
NO. 11978
52-53
•
15. (A) SECOND READING ORDINANCE: AMEND
SECTION 2-946 CITY CODE ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS" TO REQUIRE THAT 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.
(B) MANAGER TO DIRECT INTERNAL AUDITOR
TO EXTEND SCOPE OF AUDIT IN CONNECTION
WITH CERTAIN ACTIVITIES OF GENERAL
SERVICES ADMINISTRATION, AS PERTAINED TO
AGREEMENT WITH GENUINE PARTS COMPANY,
D/B/A NAPA AUTO PARTS; DIRECT MANAGER
THAT CITY'S INTERNAL AUDITOR ALSO
CONDUCT FULL REVIEW OF CITY'S TIRE
PROCUREMENT POLICY ISSUE WITH NAPA; AND
REVIEW OF PRIOR PROCUREMENT PROCESS
PRACTICED BY CITY AS COMPARED TO ITS
CURRENT PROCUREMENT PROCESS PURSUANT
TO AFOREMENTIONED AGREEMENT WITH NAPA.
16. SECOND 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 APPROPRIATING $185,000, AS
REFLECTED IN GRANT AWARD AGREEMENT
OFFERED TO CITY OF MIAMI, DEPARTMENT OF
REAL ESTATE AND ECONOMIC DEVELOPMENT
BY U.S. ENVIRONMENTAL PROTECTION AGENCY.
10/12/00
ORDINANCE
NO. 11979
M-00-886
54-58
10/12/00
ORDINANCE
NO. 11980
59-60
17. SECOND READING ORDINANCE: ESTABLISH
NEW SPECIAL REVENUE FUND ENTITLED:
"STATE OF FLORIDA EMS (EMERGENCY MEDICAL
SERVICES) MATCHING GRANT PROGRAM (FY '99-
00)," APPROPRIATE $32,500 FOR OPERATION OF
SAME, CONSISTING OF GRANT, $24,375, FROM
STATE OF FLORIDA DEPARTMENT OF HEALTH
AND MATCHING FUNDS, $8,125, FROM CITY'S
OPERATING BUDGET.
18. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES,
AND AUTHORIZE ACQUISITION AND,
INSTALLATION OF EIGHT MODULAR
WORKSTATIONS FROM GLC3 DESIGN
CONSTRUCTION & MANAGEMENT FOR OFFICE
OF NET ADMINISTRATION AND OFFICE OF
HEARING BOARDS, $67,538.25; ALLOCATING
FUNDS FROM OFFICE OF NET ADMINISTRATION
OPERATING BUDGET AND MIAMI RIVERSIDE
CENTER CAPITAL IMPROVEMENT PROJECT.
19. AUTHORIZE FUNDING
LEAGUE PROGRAM
$586,420.60, FROM LAW
FUND.
10/12/00
ORDINANCE
NO. 11981
61-62
10/12/00
R-00-887
63-65
OF POLICE ATHLETIC 10/12/00
AND ALLOCATING R-00-888
ENFORCEMENT TRUST 66-68
20. RESCIND RESOLUTION NO. 00-296 WHICH 10/12/00
AWARDED BID TO FLORIDA HYDRAMATIC, R-00-889
CORP. AND ACCEPT BID OF MOLINA GARAGE 69-70
FOR PROVISION OF AUTOMOTIVE
TRANSMISSION REPAIR, EXCHANGE AND
OVERHAUL SERVICES, FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, $50,000;
ALLOCATING FUNDS FROM BUDGET OF
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, LIGHT FLEET DIVISION.
0 •
21.
APPROVE PROCUREMENT OF
10/12/00
TELECOMMUNICATIONS EQUIPMENT,
R-00-890
SOFTWARE AND INSTALLATION AND OTHER
71-72
RELATED SERVICES FOR FIRE COLLEGE,
INCLUDING CITY EMERGENCY OPERATIONS
CENTER AND VARIOUS OTHER CI -TY
FACILITIES, FROM AVAYA COMMUNICATION
AWARDED UNDER STATE OF FLORIDA CONTRACT
NO. 730-650-99-1, AND FROM BELLSOUTH
COMMUNICATIONS SYSTEMS, L.L.C., AWARDED
UNDER BROWARD COUNTY TELEPHONE SYSTEM
MASTER MAINTENANCE AGREEMENT, RLI NO.
060597 -RB; $500,000; ALLOCATING FUNDS FROM
DEPARTMENT OF FIRE -RESCUE CAPITAL
IMPROVEMENT PROJECTS; E-911 OPERATING
BUDGET, AND WITH PRIOR BUDGETARY
APPROVAL, OPERATING BUDGETS OR CAPITAL
IMPROVEMENT PROJECTS OF VARIOUS OTHER
CITY DEPARTMENTS.
22.
TABLED: PROPOSED "CITY OF MIAMI FIVE-
10/12/00
YEAR PLAN FOR FISCAL YEARS 2001, THROUGH
TABLED
AND INCLUDING FISCAL YEAR 2005" (See #27 &
73-75
31).
23.
DEFERRED: CONSIDERATION OF PROPOSED
10/12/00
LEASE AGREEMENT WITH ORIELLI TROIA,
DISCUSSION
TRUSTEE OF REVOCABLE TRUST, FOR
76-85
LEASING OF PROPERTY LOCATED AT 779
WEST FLAGLER STREET, TO BE UTILIZED BY
OFFICE OF HOMELESS PROGRAMS FOR
OFFICE SPACE ETC.
24.
DEFER CONSIDERATION OF PROPOSED
10/12/00
CONTINUED ENGAGEMENT OF LAW FIRM OF
M-00-892
SALE AND KUEHNE AND LAW FIRM OF
86-93
AKERMAN, SENTERFITT IN MATTER OF DONALD
H. WARSHAW v. JOE CAROLLO CASE NO. 00-11244
CA 05; CONTINUING DISCUSSION REGARDING
LITIGATION STRATEGY TO AN EXECUTIVE
SESSION REQUESTED BY CITY ATTORNEY TO BE
HELD ON NOVEMBER 16, 2000 AT 9 A.M.
•
0
25. DEPARTMENTAL PRESENTATION — MIAMI 10/12/00
HOMELESS ASSISTANCE PROGRAM — LIVIA PRESENTATION
GARCIA. 194-99
26. (A) DISCUSSION CONCERNING FINANCIAL 10/12/00
UPDATE AND BUDGET OUTLOOK. DISCUSSION
(B) DISCUSSION CONCERNING PARKING 100-110
SURCHARGE EFFECTIVENESS.
(C) DISCUSS APPOINTMENT OF INDIVIDUAL TO
OFF-STREET PARKING BOARD.
27. TABLED: PROPOSED "CITY OF MIAMI FIVE 10/12/00
YEAR PLAN FOR FISCAL YEARS 2001, THROUGH DISCUSSION
AND INCLUDING FISCAL YEAR 2005" (See #22 & . 111-116
31).
28. ACCEPT REPORT AND RECOMMENDATIONS OF 10/12/00
"AD HOC COMMITTEE TO INVESTIGATE AND M-00-893
REVIEW COMMUNITY RELATIONS BETWEEN 117-121
POLICE AND DEMONSTRATORS CONCERNING
ELIAN GONZALEZ;" DIRECT CITY ATTORNEY
TO RESPOND TO PARTICULAR FINDING
CONCERNING CERTAIN CHARTER PROVISIONS
AS PERTAINS TO CONTACT BETWEEN
ELECTED OFFICIALS AND CITY EMPLOYEES;
CITY ATTORNEY'S RESPONSE BE MADE PART
OF SAID REPORT; MANAGER TO DIRECT CHIEF
OF POLICE TO REPORT TO COMMISSION AND
TO AFOREMENTIONED AD HOC COMMITTEE
MEMBERS ON PROVISIONS OF REPORT THAT
HAVE BEEN INCORPORATED INTO PRACTICE
OF POLICE DEPARTMENT. .
29. DISCUSS PROPOSED RESTRICTIONS FOR HOURS A 10/12/00
RETAIL PACKAGE STORE MAY SELL ALCOHOLIC DISCUSSION
BEVERAGES (TWO PROPOSALS FAILED). (TWO PROPOSALS
FAILED)
122-163
30. EVENT AT KNIGHT CENTER ON NOVEMBER 12, 10/12/00
2000 TO HONOR TOMMY LASORDA (See #7C). DISCUSSION.
164
31.
(A) APPROVE PROPOSED "CITY OF MIAMI FIVE
10/12/00
YEAR PLAN FOR FISCAL YEARS 2001, THROUGH
R-00-894
AND INCLUDING FISCAL YEAR 2005,". (See #22 &
165-168
27)
(B) MANAGER TO JOINTLY REPRIORITIZE WITH
COMMISSION ON CITY'S ALLOCATIONS OF
CAPITAL FUNDS; TO WORK WITH STATE,
COUNTY AND WATER AND SEWER AUTHORITY
IN GETTING MONEY LET FOR CERTAIN
CONTRACTS, INSTEAD OF DRAFTING NEW BID
DOCUMENTS FOR BIDS.
32.
DISCUSSION CONCERNING LAW ENFORCEMENT
10/12/00
TRUST FUND.
DISCUSSION
169-170
33.
URGE GOVERNOR JEB BUSH AND STATE OF
10/12/00
FLORIDA DEPARTMENT OF BANKING AND
R-00-895
FINANCE TO TAKE ALL STEPS NECESSARY TO
171-172
ENFORCE ALL REGULATORY PROVISIONS OF
FLORIDA STATUTES AND FLORIDA
ADMINISTRATIVE CODE TO PROHIBIT HOME
MORTGAGE INDUSTRY'S PREDATORY LENDING
PRACTICES.
34.
DIRECT MANAGER TO, WITH PERMISSION AND
10/12/00
COOPERATION OF PRESIDENT OF FLORIDA
R-00-896
INTERNATIONAL UNIVERSITY, CONDUCT STUDY
173-174
TO DETERMINE AND RECOMMEND TO FLORIDA
BOARD OF REGENTS A POTENTIAL CAMPUS SITE
IN MIAMI DOWNTOWN AREA FOR FIU COLLEGE
OF LAW, WHICH HAS BEEN AUTHORIZED BY
STATE LEGISLATURE (See #4).
35.
AUTHORIZE FUNDING FOR ALTERNATIVE TO
10/12/00
INCARCERATION OF ALTERNATIVE PROGRAMS,
R-00-897
INC., $11,084.00; ALLOCATING FUNDS FROM LAW
175-176
ENFORCEMENT TRUST FUND.
36. (A) DIRECT MANAGER TO SEAL RESPONSES TO
10/12/00
REQUEST FOR LETTERS OF INTEREST IN
M-00-898
CONNECTION WITH ADMINISTRATION OF
R-00-898.1
DEPARTMENT OF OFF-STREET PARKING UNTIL
177-181
AFTER THE NOVEMBER 7, 2000 ELECTION.
39.
(B) APPOINT OSCAR RIVERO AS MEMBER OF
10/12/00
OFF-STREET PARKING BOARD.
CONCERNING UPCOMING MIAMI DEVELOPMENT
37. GRANT EXTENSION TO LATIN AMERICAN 10/12/00
GOURMET RESTAURANT TO OCTOBER 30. R-00-899
182-183
38.
DEFERRED: CONSIDERATION OF ADOPTING
10/12/00
RECOMMENDATIONS OF ORANGE BOWL
DEFERRED
STEERING COMMITTEE.
184
39.
DISCUSSION AND PRESENTATION BY CITY STAFF
10/12/00
CONCERNING UPCOMING MIAMI DEVELOPMENT
DISCUSSION
SUMMIT 2001.
1857188
40.
(A) DISCUSSION CONCERNING LEGISLATION 2001
10/12/00
IMPLEMENTATION OF LEGISLATIVE PLAN
M-00-900
PRIORITIES FOR UPCOMING LEGISLATIVE
189-193
SESSION.
(B) DIRECT MANAGER TO INVITE STATE
SENATORS AND STATE REPRESENTATIVES
WHOSE DISTRICTS FALL WITHIN OR BORDER
CITY TO NOVEMBER 16, 2000 CITY COMMISSION
MEETING.
41.
DISCUSSION CONCERNING IMPLEMENTATION OF
10/12/00
QUALITY OF LIFE IMPROVEMENT PROGRAM
DISCUSSION
SIMILAR TO NEW YORK'S ZERO TOLERANCE
194-195
PROGRAM, AND SCHEDULING FACT FINDING TRIP
TO NEW YORK TO REVIEW THEIR PROGRAM AND
POSSIBLY A PRESENTATION TO THE BOND
AGENCY.
•
42. DIRECT MANAGER TO PRIORITIZE PROJECTS IN 10/12/00
ORDER TO AVOID FUTURE FLOODING IN CITY BY: M-00-901
EXPEDITING DRAINAGE WORK IN FLAGAMI 196-200
AREA; REVISITING -PROJECTS DONE IN PAST TWO
YEARS WHERE FLOODING OCCURS; USING
BUDGET SURPLUS TO IMPLEMENT AGGRESSIVE
CLEANUP CAMPAIGN OF, STORM SEWERS IN CITY
STARTING WITH FLOOD PRONE AREAS;
PROVIDING MONTHLY REPORTS TO COMMISSION
RELATIVE TO STORM SEWER PROJECTS.
43. DIRECT MANAGER TO REQUEST SOUTH FLORIDA 10/12/00
WATER MANAGEMENT DISTRICT TO: STAFF AND M-00-902
OPEN FLOODGATES MANUALLY WHEN WEATHER 201-202
BUREAU PREDICTS OVER FIVE INCHES OF WATER
(OR A STORM THREAT); TO EXPEDITE PLANS TO
INSTALL WATER PUMPS IN TAMIAMI CANAL.
44. DISCUSSION CONCERNING THE ECONOMIC 10/12/00
DEVELOPMENT COMMITTEE. DISCUSSION
203-209
MANAGER TO PROVIDE COMMISSION WITH
WRITTEN REPORT ON WATSON ISLAND, GROVE
HARBOR MARINA AND OTHER ECONOMIC
DEVELOPMENT PROJECTS; TO PROVIDE A
REPORT RELATED TO NEGOTIATIONS WHEREIN
THE PORT OF MIAMI WALKED AWAY FROM
NEGOTIATING TABLE.
45. SECOND ANNUAL `WALK AS ONE' EVENT 10/12/00
CONDUCTED BY NATIONAL CONFERENCE FOR R-00-903
COMMUNITY AND JUSTICE - MIAMI REGION, TO 210-211
BE HELD AT MILDRED AND CLAUDE PEPPER
BAYFRONT PARK ON NOVEMBER 4, 2000;
AUTHORIZE PROVISION OF IN-KIND SERVICES BY
DEPARTMENTS OF POLICE, FIRE -RESCUE,
GENERAL SERVICES ADMINISTRATION, SOLID
WASTE, AND PARKS AND RECREATION.
46. DIRECT MANAGER TO REVIEW PRIOR BENEFITS . 10/12/00
GRANTED TO MEMBERS OF BOARDS (ZONING, DISCUSSION
PLANNING ADVISORY, CIVIL SERVICE BOARDS) 212-213
AND COME BACK WITH REPORT AND
RECOMMENDATION FOR COMMISSION
CONSIDERATION.
47. APPROVE AND CONFIRM MANAGER'S FINDING OF 10/12/00
EMERGENCY, WAIVE REQUIREMENTS FOR R-00-904
COMPETITIVE SEALED BIDS, FOR ACQUISITION OF 214-216
SUCH SERVICES, EQUIPMENT, GOODS AND/OR
MATERIALS AS' MAY BE REQUIRED FOR BURDEN
RELIEF AND DISASTER ASSISTANCE DUE TO
DAMAGE CAUSED BY OCTOBER 3, 2000 FLOOD;
APPROVE AND CONFIRM MANAGER'S PREVIOUS
EXPENDITURE OF MONEYS FOR CONTRACTS AND
AWARDS IN CONJUNCTION WITH SAID BURDEN
RELIEF AND ASSISTANCE; AUTHORIZE MANAGER
TO ACCEPT MOST REASONABLE, RESPONSIVE
AND RESPONSIBLE BID (S) FOR NECESSARY
IMPROVEMENTS, SERVICES, EQUIPMENT, GOODS
AND/OR MATERIALS ASSOCIATED WITH SAID
BURDEN RELIEF AND DISASTER ASSISTANCE;
$50,000.
48. HAPPY BIRTHDAY TO COMMISSIONER GORT'S 10/12/00
FATHER WHO TURNED 91 YEARS OLD TODAY. DISCUSSION
217
•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
EWWW3
On the 12th day of October 2000, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:40 a.m. by Presiding Officer/Commissioner Wifredo Gort
(hereinafter referred to as Vice Chairman Gort), with the following members of the Commission found to
be present:
Commissioner Wifredo Gort (District 1)
Commissioner Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
An invocation was delivered by Commissioner Teele, after which, Commissioner Winton led those
present in a pledge of allegiance to the flag.
1 10/12/00
1. PRESENTATIONS:
RESOLUTION OF CONDOLENCES TO FAMILY AND FRIENDS OF LEROY CROMARTIE.
RESOLUTION OF CONDOLENCES TO FAMILY AND FRIENDS OF FRANCISCO LOPEZ-
BORGES.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner.
Commissioner Teele: With your permission, I'd like to ask Mr. Cromartie to come forward, and would
ask the Commission's indulgence just for a moment as we present this proclamation again. This
proclamation, of course, was not ready when so many of the citizens of Miami were gathered to honor the
late Leroy "Cro" Cromartie, but his family has agreed to come before this Commission today and to
accept this proclamation that is signed by the Mayor and all five members of the Commission, and I'll
read it: A resolution of the City of Miami. Whereas Mr. Leroy "Cro" Cromartie departed from this life
on Thursday, September 14, 2000, he is survived by a loving and devoted companion, a son, three
grandchildren and three adopted grandchildren; and where as Mr. Cromartie was employed by the City for
25 years and retired in 1977, he came out of retirement for an additional ten years in 1978, when he began
to teach tennis to the children in Morningside Park, and Moore Park and throughout Overtown; and
whereas Mr. Cromartie was the first African-American quarterback to play for Florida A&M University
and to be inducted in the Hall of Fame, the Florida A&M University Hall of Fame in 1998, Mr. Cromartie
also played as a short stop and a second baseman for the Indianapolis Clowns of the famed National
Negro Baseball League; and whereas it is the desire of the Mayor and the Commission on behalf of the
City and our citizens to express our deep sorrow to the family and friends of Leroy "Cro" Cromartie, now
therefore, be it resolved that I, Joe Carollo, as Mayor of the City, on behalf of the citizens of the City and
the City Commission do hereby convey to the family and friends of Mr. Cromartie our deepest sympathy
and sincerest condolences upon his untimely death. In observance thereof, I fix my signature and cause
the great seal of the City of Miami to be affixed, done in the Office of the Mayor. This is signed, again,
by the Mayor. Mr. Chairman and members of the Commission, we hear- the word "role model" all the
time. But when a man who lives in a community, who goes to school in that community, who stays in that
community, who goes all over the world, and yet, not only does he work and retire, but he comes back to
do more, this resolution in no way, in now way reflects, I guess, what the Parks Director has shared with
me and so many others -- Al, you should join us, please -- what this man did. The homecoming ceremony
that was held at New Shiloh Baptist Church was truly a coming out of the old timers, if you will, the
blacks that really have helped to build this City. And so I appreciate very much the Commission taking a
moment and making a part of the official record our recognition of Mr. Cromartie. His son, who is a
personality in his own way, who is a radio/television commentator, baseball -- Hall of Fame baseball
player himself is here. And I'd just like to ask, just for a moment, Mr. Chairman, for Mr. Cromartie to
come forth and in his own words; say whatever he'd like to, say. And I'll tell you this: He's a big
supporter of baseball. And I'm sure he's not going to endorse any particular site or any particular -- but I
tell you this: He has been working for three or four years with the Parks Department to have a baseball
academy in the African-American community. And I know that there is a lot of enthusiasm. So, please,
won't you welcome Mr. Cromartie.
2 10/12/00
•
Mr. Cromartie: I'd just like to thank the Commission for recognizing a true hero here in the City of
Miami. I'm everything that he taught from being from the City of Miami Parks and Recreation, grew up
on the parks. And the years that he's put in, the 25 to 30 years that he put in the City of Miami Parks and
Recreation will never, ever cease as long as I'm here. So thanks to the Commissioners, Mr. Teele and
everybody here that recognizes my dad for being who he is, and as a giver more than anything else. And
once again, I am a baseball man. I played 18 years in the major leagues. I am trying to do something here
in the community so these kids could play this game of baseball, because they can make a lot of money
doing it, let me tell you. Thank you so much. Thank you so much.
(INAUDIBLE COMMENTS)
Mr. Cromartie: Thank you all so much. Thank you so much.
Commissioner Winton: Thank you.
(INAUDIBLE COMMENTS)
Vice Chairman Gort: Commissioner Regalado, you have a presentation?
Commissioner Regalado: Yes. Thank you, Mr. Chairman. This is a resolution of the City of Miami
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, "Paco" Lopez -Borges, upon his untimely
death. His brother and family are here. Would you come up?
Vice Chairman Gort: I'd like to add this is a family that has been here for a long time, and "Paco" Lopez -
Borges has been part of this community and doing a lot of work. And he was one of the first to become a
member of the HUD (Department of Housing and Urban Development), board of directors with a lot of
Federal housing within the City of Miami.
3 10/12/00
•
2. CONSENT AGENDA
A
Vice Chairman Gort: My understanding is item CA -1 is to be modified, items 13 and 15 to be continued,
item 16 to be withdrawn. My understanding is we don't have any vetoes from the Mayor's Office.
Walter Foeman (City Clerk): That is correct.
Vice Chairman Gort: OK.
Unidentified Speaker: And Item 13 is to be continued until the meeting of October 26.
Vice Chairman Gort: All right, and 13 to be continued.
Note for the Record: Agenda item 13 was continued to the City Commission meeting presently
scheduled for October 26, 2000. Agenda item 15 was also continued. Agenda item 16 was
withdrawn by the administration.
Judy Carter (Director, Purchasing): I want to make a correction.
Vice Chairman Gort: On the consent agenda, is there .anyone one item that anyone from the Commission
would like to pull or discuss?
Commissioner Winton: Move the agenda.
Vice Chairman Gort: Wait a minute. That needs to be amended.
Ms. Carter: Yes. I'd like to make the correction to CA -1 if I might.
Vice Chairman Gort: CA -1, yes, ma'am.
Ms. Carter: Instead of having in an amount not to exceed -- I'm sorry. Instead of having an annual
amount not to exceed twenty-five thousand dollars ($25,000), that should be stricken, and instead, it
should say: In an amount not to exceed twenty-five thousand dollars ($25,000) for each project. And
that's the change.
Commissioner Sanchez: That was CA -1?
Ms. Carter: Yes, sir.
Commissioner Sanchez: And what is the correction on it, please?
Ms. Carter: It should ,say: In an amount not to exceed twenty-five thousand dollars ($25,000) for each
proj ect.
Vice Chairman Gort: Per project.
4 10/12/00
•
-Ms. Carter: Exactly, per project. This is to accommodate some of our small- miscellaneous construction
projects that we need to move. We've not been able to move those quickly, because of the resources at
Public Works. This will allow us to move those small projects and get the work done.
Vice Chairman Gort: My. understanding would be that any time we need performance that could be done
by Public Works, what would take place right now --
Ms. Carter: We can utilize this.
Vice Chairman Gort: -- any one of those individuals could do it, up to twenty-five thousand dollars
($25,000). OK?
Ms. Carter: For each project, absolutely.
Vice Chairman Gort: Thank you. Any other comments? Motion. Johnny, Commissioner Winton moved
it.
Commissioner Sanchez: Second. Second to approve the consent agenda.
Vice Chairman Gort: Commissioner Sanchez seconds. 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
WINTON AND SECONDED BY COMMISSIONER SANCHEZ, 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 10/12/00
2.1. ACCEPT BIDS OF VARIOUS PRE -QUALIFIED VENDORS FOR DEPARTMENT OF
PURCHASING FOR PROVISION OF CITYWIDE GENERAL BUILDING/SPECIALTY TRADE
SERVICES; ALLOCATE $25,000 FOR EACH PROJECT; ALLOCATING FUNDS FROM
OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 00-872
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH.
ATTACHMENT, ACCEPTING THE BIDS OF VARIOUS PRE-
QUALIFIED VENDORS, AS LISTED ON ATTACHMENT 1,
ATTACHED HERETO AND MADE A PART HEREOF, FOR THE
DEPARTMENT OF PURCHASING FOR THE PROVISION OF
CITYWIDE GENERAL BUILDING/SPECIALTY TRADE SERVICES,
ON A CONTRACT BASIS FOR ONE (1) YEAR, WITH THE OPTION
TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS,
IN AN AMOUNT NOT TO EXCEED $25,000 FOR EACH PROJECT;
ALLOCATING FUNDS THEREFOR FROM THE OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS, SUBJECT TO
BUDGETARY APPROVAL.
6 10/12/00
2.2. ACCEPT BIDS OF INTERBORO PACKAGING CORPORATION, DADE PAPER
COMPANY, GLINTON SALES, INC., AND CALICO INDUSTRIES, ON AN ITEM -BY -ITEM
BASIS, FOR DEPARTMENT OF PURCHASING FOR PROCUREMENT OF GARBAGE/TRASH
BAGS TO BE USED BY VARIOUS CITY DEPARTMENTS, INCLUDING OFFICE OF NET
ADMINISTRATION AND DEPARTMENTS OF SOLID WASTE, POLICE, PUBLIC WORKS,
PARKS AND RECREATION, AND CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES,
$25,000; ALLOCATE FUNDS FROM BUDGETS OF VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 00-873
A RESOLUTION OF THE MIAMI CITY COMMISSION.ACCEPTING
THE BIDS OF INTERBORO PACKAGING CORPORATION, DADE
PAPER COMPANY, GLINTON SALES, INC. AND CALICO
INDUSTRIES, ON AN ITEM -BY -ITEM BASIS, FOR THE
DEPARTMENT OF PURCHASING FOR THE PROCUREMENT OF
GARBAGE/TRASH BAGS TO BE USED .BY VARIOUS CITY
DEPARTMENTS, INCLUDING BUT NOT LIMITED TO THE OFFICE
OF NET ("NEIGHBORHOOD ENHANCEMENT TEAM")
ADMINISTRATION AND THE DEPARTMENTS OF SOLID WASTE,
POLICE, PUBLIC WORKS, PARKS AND RECREATION, AND
CONFERENCES; CONVENTIONS AND PUBLIC FACILITIES, ON
AN AS -NEEDED CONTRACT BASIS, FOR ONE (1) YEAR, WITH
THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE-YEAR
PERIOD, AT AN ANNUAL AMOUNT NOT TO EXCEED $25,000.00;
ALLOCATING FUNDS THEREFOR FROM THE BUDGETS OF THE
VARIOUS USER DEPARTMENTS, SUBJECT TO BUDGETARY
APPROVAL.
7 10/12/00
E
2.3. ACCEPT BID OF SOUTHERN PRECISION ARMORY FOR PROCUREMENT OF FOURTEEN
SUBMACHINE GUNS FOR DEPARTMENT OF POLICE S.W.A.T. TEAM, $14,357.50; ALLOCATE
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 00-874
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SOUTHERN PRECISION ARMORY FOR THE
PROCUREMENT OF FOURTEEN (14) SUBMACHINE GUNS FOR
THE DEPARTMENT OF POLICE S.W.A.T. TEAM, IN AN AMOUNT
NOT TO EXCEED $14,357.50; ALLOCATING FUNDS THEREFOR
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS.
690001, 690002, AND 690003, SUCH EXPENDITURE HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF THE TREASURY AND JUSTICE'S
"GUIDE TO EQUITABLE SHARING" AND SECTION 932.7055,
FLORIDA STATUTES (1999).
2.4. ACCEPT BIDS OF STEIN PAINT COMPANY AND CROSSCO AMERICA CORP. FOR
PROCUREMENT OF PAINT AND PAINT SUPPLIES FOR VARIOUS CITY DEPARTMENTS;
ALLOCATE.FUNDS FROM BUDGETS OF VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 00-875
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BIDS OF STEIN PAINT COMPANY AND CROSSCO AMERICA
CORP. FOR THE PROCUREMENT OF PAINT AND PAINT
SUPPLIES FOR VARIOUS CITY DEPARTMENTS ON AN AS -
NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR, WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR
PERIODS; ALLOCATING FUNDS THEREFOR FROM THE
BUDGETS OF THE VARIOUS USER DEPARTMENTS, SUBJECT TO
BUDGETARY APPROVAL.
8 10/12/00
2.5. APPROVE PROCUREMENT OF INDUSTRIAL AND COMMERCIAL SUPPLIES FROM W.W.
GRAINGER, INC., AWARDED UNDER EXISTING STATE OF FLORIDA NEGOTIATED
AGREEMENT PRICE SCHEDULE . NO. 2852175-1, FOR VARIOUS CITY DEPARTMENTS;
ALLOCATING FUNDS FROM OPERATING BUDGETS OF USER DEPARTMENTS.
RESOLUTION NO. 00-876
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF INDUSTRIAL AND COMMERCIAL
SUPPLIES FROM W.W. GRAINGER, INC. FOR THE DEPARTMENT
OF PURCHASING, TO BE USED BY VARIOUS CITY
DEPARTMENTS, ON AN AS -NEEDED CONTRACT BASIS, UNDER
EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT
PRICE SCHEDULE ("SNAPS") NO. 2852175-1, EFFECTIVE
THROUGH SEPTEMBER 4, 2001, AND ANY EXTENSIONS
THERETO; ALLOCATING FUNDS THEREFOR FROM THE
OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS,
SUBJECT TO BUDGETARY APPROVAL.
2.6. APPROVE CONVERSION OF TWO VANS FOR DEPARTMENT OF POLICE BY E.S.E.F.,
INCORPORATED, $15,551.15, UNDER EXISTING MIAMI-DADE COUNTY BID NO. 3881-4/01-3;
ALLOCATING FUNDS FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 00-877
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE CONVERSION OF TWO (2) VANS FOR THE DEPARTMENT OF
POLICE BY E.S.E.F., INCORPORATED, IN AN AMOUNT NOT TO
EXCEED $15,551.15, UNDER EXISTING MIAMI-DADE COUNTY
BID NO. 3881-4/01-3, EFFECTIVE THROUGH FEBRUARY 28, 2001,
SUBJECT TO ANY FURTHER EXTENSIONS THERETO;
ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001,
690002, AND 690003, SUCH EXPENDITURE HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF THE TREASURY AND JUSTICE'S
"GUIDE TO EQUITABLE SHARING," AND SECTION 932.7055,
FLORIDA STATUTES (1999).
9 10/12/00
2.7. APPROVE ACQUISITION OF COFFEE SERVICES FROM ATLANTIS ENVIRONMENTAL
SYSTEM CORPORATION FOR DEPARTMENT OF PURCHASING FOR CITYWIDE USE;
ALLOCATING FUNDS FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 00-878
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF COFFEE SERVICES FROM ATLANTIS
ENVIRONMENTAL SYSTEM CORPORATION, FOR THE
DEPARTMENT OF PURCHASING FOR CITYWIDE USE, ON AN AS -
NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 6461-2/05, EFFECTIVE UNTIL JULY 31,
2003, • AND SUBJECT TO ANY EXTENSIONS THERETO;
ALLOCATING FUNDS THEREFOR FROM THE OPERATING
BUDGETS OF THE VARIOUS USER DEPARTMENTS, SUBJECT TO
BUDGETARY APPROVAL.
2.8. AUTHORIZE ALLOCATION OF FUNDS, $37,134.37 TO DADE COUNTY ASSOCIATION OF
CHIEFS OF POLICE, COURT OVERTIME REDUCTION PROJECT; ALLOCATE FUNDS FROM
LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 00-879
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT
NOT TO EXCEED $37,134.37 TO THE DADE COUNTY
ASSOCIATION OF CHIEFS OF POLICE, COURT OVERTIME
REDUCTION PROJECT; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690001, 690002, AND 690003, SUCH EXPENDITURES HAVING
BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING
WITH THE U.S. DEPARTMENT OF THE TREASURY AND
JUSTICE'S "GUIDE TO EQUITABLE SHARING" AND SECTION
932.7055, FLORIDA STATUTES (1999).
Note for the Record: No vetoes were received from the Office of the Mayor..
10 10/12/00
3. CHANGE MEETING DATES OF NOVEMBER AND DECEMBER 2000.
Vice Chairman Gort: We need to change some of the meetings in November and December. My
understanding is we can do away with the meeting of the 9th. And Mr. Manager, my understanding is on
the 16th, we can handle both.
Carlos Gimenez (City Manager): Yes, sir. .
Commissioner Teele: What are we saying?
Vice Chairman Gort: The meeting of the 9th, combine the two meetings on the 16th of November.
Commissioner Winton: You guys can read that? I can't read any of that.
Vice Chairman Gort: Yeah, I can see it.
Commissioner Teele: You can't see that, Johnny?
Commissioner Winton: No.
Commissioner Teele: Bascom Palmer's got a great eye --
Commissioner Winton: Yeah, I know. I'm going to have to -- no, that doesn't help.
Commissioner Sanchez: Or, Johnny, you should save some money for a dog.
Vice Chairman Gort: It's for reading.
Commissioner Winton: Yeah.
Vice Chairman Gort: Instead of having two meetings in November and December, we'd like to just have
one meeting.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: How heavy is the Zoning agenda for the 26th?
Mr. Gimenez: It's fairly heavy. I think there's over 20 items.
Vice Chairman Gort: Then we can't do it.
Commissioner Sanchez: No.
Commissioner Teele: How heavy is the Zoning agenda for the 9th?
11 10/12/00
0
Vice Chairman Gort: There's none. We only have Zoning once a month, the second meeting of the
month.
Commissioner Teele: Yeah, the 26th of October. And then I was asking now for November. Where is the
Zoning agenda for November? What date is it?
Vice Chairman Gort: The 161h
Commissioner Teele: So you're recommending -- I would move that we cancel -- that we have -- that we
combine the meeting of the 91h and the 16th for the 16th. So move.
Vice Chairman Gort: All right. There's a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? You have it anyway. You get a day free. 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. 00-880
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF NOVEMBER ORIGINALLY SCHEDULED FOR
NOVEMBER 9, 2000 TO TAKE PLACE ON NOVEMBER 16, 2000 AT
9:30 A.M.; FURTHER RESCHEDULING THE SECOND REGULAR
CITY COMMISSION MEETING OF NOVEMBER RESCHEDULED
FOR NOVEMBER 16, 2000 AT 9:30 A.M. TO TAKE PLACE ON
NOVEMBER 16, 2000 AT 2:00 P.M.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
12 10/12/00
•
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Teele: Mr. Chairman, I would move that we combine the meeting of December 28th with
December 14th
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: When would we be having it? On the 28thq
Commissioner Teele: The 101
Vice Chairman Gort: Instead of the 28th, we'll have it on the 141h
Commissioner Winton: Yeah.
Commissioner Teele: Nobody is going to interrupt their Hanukah holiday, Christmas, whatever.
Vice Chairman Gort: Do I have a motion?
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
13 , 10/12/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-881
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF DECEMBER, ORIGINALLY SCHEDULED FOR
DECEMBER 28, 2000, TO TAKE PLACE ON DECEMBER 14, 2000,
COMMENCING AT 2:00 P.M.
(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
14 10/12/00
4. (A) COMMISSIONER TEELE INDICATED THAT BY FIRST MEETING- OF
NOVEMBER THE CITY SHOULD HEAR FROM BUSINESS LEADERS AND DOWNTOWN
DEVELOPMENT AUTHORITY IN CONNECTION WITH FEASIBILITY OF MAKING
DOWNTOWN AVAILABLE AS DESIGNATED LOCATION FOR LAW SCHOOL (See #34).
(B) COMMENTS ON NEED OF A FINANCIAL ADVISOR.
Commissioner Teele: Mr. Chairman, now, we have asked that there be a DDA (Downtown Development
Authority) and business leadership discussion in lieu of a departmental, you know, beauty show on the
first meeting of November.
Vice Chairman Gort: No problem. We already have put together what you have requested, what are the
capital improvements that we need within downtown in order to improve that one area. We have put the
different projects in progress, the funding needed, where the funding is going to be coming from. So
you're going to get a copy of all that by next week. And we'll be more than glad to --
Commissioner Teele: I just wanted — you know, we have a hard day that day and I — you know, because I
really do think that we should hear from individual business leaders. I mean, part of what we do here is
we talk to ourselves and staff, and we really should — you know, I think this is a way we should bring in
some of the business leaders and hear from them. And I want to make sure that we give ourselves enough
time on that. So I would ask that you determine a time certain for that, so we don't have people burning
off a lot of time, whatever is convenient. The other thing that I would ask respectfully of the Manager is
that I really do believe — you know, we've been saying this. I don't know where the Assistant Manager
for Finance is, but the DDA should have at its full disposal the Planning Department and the Business and
Economic Development Office, and all of that. And I would be very interested in hearing any comments
that they may have separately, because, I mean, I think part of the experience that I've had with the CRA
(Community Redevelopment. Agency) and the City is this notion that if it doesn't come through the City,
it's sort of on its own. And I really do think we've got to work hard to coordinate that. And so I'm very
interested in hearing, sort of like we did on the slip. That may not be the best example. But it really is
important that we let our departments tell us what they're thinking through our Manager, as well. And the
final issue in that regard is that I would specifically ask that the Management make available to the DDA
staff, the DDA Board a financial advisor to be paid for by the City of Miami to deal with any of the
financing issues that are coming up or that may come up, because I can tell you right now, there are a
number of ideas about new revenue streams that people are talking about. And I don't think we ought to
do this sequentially. We ought to, you know, give them the resources to let them do it. And, I mean, you
know, they've got a tight budget. And that's why we have financial advisors. And the final point on that
is I really do hope we can involve the Off -Street Parking, for them to make presentations and make input,
as well, because I think like what has happened in Coconut Grove, we're missing a big opportunity to
leverage Off Street Parking's bond capacity, their joint development opportunities, et cetera. And so, I
mean, I realize that I don't know what the DDA is doing, and I'm not trying to interfere at all. I want to
be supportive of what the DDA is doing. But I think the biggest thing is that we need to put together all of
the City resources on one problem. And in that regard, finally, Mr. Chairman, thank you for your
indulgence. I'm going to ask the City Attorney to prepare a pocket item for me today that would ask the
management to explore with the DDA and with the University of Miami and with Florida International
University the feasibility of making downtown Miami available for the law school that the Legislature has
just directed. In every other city in the State — Tampa, Orlando, Daytona — the City Commissions were
leading the charge. I mean, they were all sucking up to Florida A&M trying to get them — because you
15 10/12/00
remember the Legislature designated two new law schools, one to FlU (Florida International University)
and then one to Florida A&M outside of Tallahassee. And so what happened over the last two months —
and this is where a lot of my thought process is coming from, because I conferred with the President of
Florida A&M and others — is that these cities really went out and put together big - in fact, the city that
did one of the best jobs was Lakeland, Florida, of all places, believe it or not. So I mean, I read the
Orlando Sentinel and Saint Pete Times, as well, on this stuff. And I think we're missing a big opportunity
not to lobby FlU to talk about a downtown -- It doesn't make sense to have a law school -- Well, I should
say this: The trend nationally is to have law schools in urban centers. There is a law. school at the
Kennedy Center. What's that law school that does all that very aggressive stuff? It's housed there at the
Kennedy Center in Washington. So I would ask that you prepare a resolution seeking a working group or
something to see if we can explore that on behalf of the City, in conjunction with the DDA. And I don't
want to leave out any area, but I do think that the City of Miami should do — should meet with them. And
I've mentioned this to our lobbyist, Mr. Book and others that we really should be aggressive about that.
And Commissioner Winton, I don't have the opportunity to meet with you, but I just wanted to sort of
data -unload everything that I'm thinking about downtown, because I really do think that it's important.
And I will say this, Mr. Chairman: One of the reasons that I'm pushing so hard on this issue is that we
had said last year at the CRA that we would like to see a hotel in Park West/Overtown. We have been
holding back, because the one thing that's very odd about — very clear is that there has not been a new
hotel built in downtown Miami in --
Commissioner
Commissioner Winton: There hasn't been any building built.
Commissioner Teele: -- 20 years. The Intercontinental is probably the last one. And it doesn't make
sense for the CRA to start pushing for a hotel in Park West if we're not coordinated and we're not -- You
know, we don't need to get into this, the concern that we've all expressed about putting out RFQ's
(Requests for Qualifications) on Watson Island and Coconut Grove and all of that, and we wind up
competing with ourselves. This needs to be very carefully coordinated. And in that regard, I'm just very
interested in understanding where the DDA is going, so we're not in an unintentional competition. Thank
you, Mr. Chairman.
Vice Chairman Gort: Commissioner Teele, if you'd like, we can have a meeting at 9:30, the next
November meeting to be at 9:30, and to be able to make a presentation. And like I said, we put a fact
sheet together of all the projects that are taking place, the cost of the projects, where some of the funds are
at and where some of the funds could be tapped into. And we would need the support and help of
everyone, because a lot of the money would come from DOT (Department of Transportation) and from the
board you — what is it? That board that you belong to, the traffic --
Commissioner Sanchez: MPO (Metropolitan Planning Organization)?
Vice Chairman Gort: MPO. A lot of the funding would be able to come from the MPO. Also, we have
every year, we have a strategy session, and we do get involved with the Florida International University.
They're the ones that conduct that with us. So I'll get them to come here and make the presentation,
because we have the college, we have the university in downtown now, the International University. So if
you want --
16 10/12/00
Commissioner Teele: Are you suggesting that maybe that meeting, that discussion should be the first
thing in the morning? Which I fully agree with.
Vice Chairman Gort: I think that would be the best bet, to have it early in the morning, and we could have
it here at 9:30 in the morning.
Commissioner Sanchez: That's going to be a long day, the 9t", because we combined everything on the
9t''.
Vice Chairman Gort: The presentation that they can make which is to put you up to date would not take
more than 15 minutes. I'll make sure you get all the information before so you have it in your hands. And
they'll make the presentation, and I don't think it will last more than 15 minutes. It's up to you all.
Commissioner Sanchez: Well, this meeting that we're discussing, is it a date and time certain?
November, the first week of November?
Commissioner Teele: First meeting in November. And all he's saying is rather than doing it 2 o'clock, do
it at 9:30, which I fully agree with. I think that one of the fallacies of the way we do our meetings is we
really don't have discussions among ourselves, policy discussions. And then we've got these pocket items
and there — and that's always at the very end. You're tired and you're — you know, you may have had a
couple of bad votes with your colleague or something. And, you know, we need to spend a little time.
We can keep criticizing the staff and the administration on some of this stuff, but we need to get into this
vision of where we're trying to go a little bit better. And I commend you if you would do it at 9:30.
Vice Chairman Gort: So if you all like, I'll put it at a time certain, 9:30. OK? Thank you. Commissioner
Winton.
Commissioner Teele: Mr. Chairman, there's one point, though, I want to make. I spoke to several people,
George Perez. in particular — and I don't want to speak for him. He's very, very high on the City of
Miami. But he made some very, very, very strong statements of concern. And let me just put one or two
on the record. One is that the pension funds nationally may not see Miami the same way the Chamber of
Commerce, and the Commission and the Mayor see Miami. And I'm putting that very politely. I'm
talking about downtown Miami, as opposed to Brickell, as opposed to Key Biscayne, Coral Gables, et
cetera. And that's one of the sort of code reasons I'm talking about getting a financial advisor, because,
you know, we need somebody who's full-time walking around and telling our story, selling our story.
One of the other things that he talked about was this whole notion that it's going to take a revenue stream.
And, you know, tax abatements, which I don't fully understand under the Florida Constitution and how
they apply, but tax increment, I do. But, you know, it is possible that a limited Tax Increment District
could be put together for the purpose of doing certain capital programs, if you got the County with you.
And this goes back to my big issue, is that we always go first, you know. We get kissed. And, you know,
the County is pushing very hard for this Tax Increment District for the River. Well, I would be much
more willing to talk about a Tax Increment District for the River and a limited Tax Increment District for
downtown as a package, as opposed to a Tax Increment District for the River. So, I mean, there's a whole
lot of issues here. But I think it's going to all be discussion if we don't really look at how we can come up
with a revenue stream. And this comes out of the budget discussion. Thank you, Mr. Chairman.
17 10/12/00
Vice Chairman Gort: I'm glad you're bringing that out, because George Perez is a member of the DDA
Board now, and he's heading the economic development for the downtown area. And we right now are
doing a research and study that's going to come out and tell us what we need to do, how much we need to
spend in order to do what you're talking about that we need to do, change the image that people have of
downtown Miami. Thank you. Anything?
Commissioner Winton: No.
18 10/12/00
5. GRANT REQUEST TO REPRESENTATIVES TO TOYS FOR KIDS 2000, MIAMI
COALITION FOR SAFE AND DRUG-FREE COMMUNITY, FOR IN-KIND ASSISTANCE IN
CONNECTION WITH ITS DECEMBER 10, 2000 "TOY RUN" EVENT.
Vice Chairman Gort: Item 2. Miami Coalition for a Safe and Drug -Free Community.
Raul Martinez (Chief of Police): Commissioner, I'm Raul Martinez, Chief of Police. We have met with
the promoters of this event. They did it last year in the area of Wynwood. This year, they're getting
together with the --
Vice Chairman Gort: It's a great event.
Chief Martinez: -- the Chirino Foundation, Village South, Miami Coalition, and they're going to give
away thousand of toys to our kids.
Commissioner Winton: Want to move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Sanchez: For approval.
Vice Chairman Gort: Discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-882
A RESOLUTION (PENDING)
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
19 10/12/00
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
20 10/12/00
E
6. GRANT REQUEST TO REPRESENTATIVE OF AMERICAN HEART WALK, NAMELY, MS.
NICOLE ZELLIMAN, FOR WAIVER OF FEES FOR USE OF VIRGINIA BEACH PARKING LOT,
FOR THEIR 7TH ANNUAL AMERICAN HEART WALK ON SATURDAY, OCTOBER 21, 2000.
Vice Chairman Gort: Item 3. Nicole Zelligman.
Albert Ruder (Director, Parks & Recreation): Hi. Albert Ruder, Parks Director. Nicole Zelligman is here
from the American Heart Association. We recommend that the fees be waived for use, for the parking lot
of Virginia Key. The only requirement we're placing is that they name -- excuse me -- that they name the
City an additional insured in their policy. And they don't have a problem. She is here to answer any
questions.
Vice Chairman Gort: Do I have a motion?
Commissioner Winton: Move it.
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.
Vice Chairman Gort: Good luck.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 883
A RESOLUTION (PENDING)
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
21 10/12/00
E
E
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
22 10/12/00
7. (A) GRANT REQUEST TO REPRESENTATIVE OF ALLIED VETERANS ASSOCIATION
FOR IN-KIND SERVICES IN CONNECTION WITH ITS FIRST ARMISTICE DAY PARADE EVENT
ON NOVEMBER 12, 2000.
(B) COMMISSIONER WINTON COMMENTS REGARDING COMMISSION POLICY AS
PERTAINS TO FESTIVALS AND SPECIAL EVENTS.
(C) EVENT ON NOVEMBER 12, 2000 TO HONOR TOMMY LASORDA (See 930).
Vice Chairman Gort: Item 4. Allied Veterans Association.
Manuel Diaz (NET Coordinator): Manuel Diaz from the NET (Neighborhood Enhancement Team)
Office. Mr. Reginald Colley, president of the Allied Veterans Association -- is he here? -- he's here to
make a presentation, and then we'll make our recommendations.
Vice Chairman Gort: OK. Yes, sir.
Reginald Colley: Good morning, Mr. Chairman, Commissioners. My name is Reginald Colley of the
Allied Veterans Association. I reside in Hallandale in 301 Golden Isles Drive. I've been in this area now
as a businessman for the last 21 years, 22 years actually, and currently involved in organizing a parade in
Miami for a Veterans Parade on Remembrance Sunday, which is the day after the Veterans Day. And
what it is, the Royal British Legion, which I'm a member of also, have a service at the Trinity Cathedral in
Miami, behind the Omni Shopping Center. And we've been doing it now for over -- well, this is our sixth
year now. And this service is based on the same service that they have at the Royal Albert's Hall every
year in London, where about 30,000 people attend these services throughout the day, including the queen,
and it goes in the afternoon service. Based on that,.I started a week -- no -- a year last June; I went to
London for the 49th anniversary of the Korean War. And this gave me the inspiration for the parade like
we had in London for over a thousand Korean war veterans, and they came from all 22 different countries,
converged on London, and we had a week of festivities there. And one of them was a parade through
parts of London, and it was quite an experience, actually, to be on this parade with all these other veterans.
And this year in June, I went back to Korea for the 50th anniversary of the Korean War. And Seoul hosted
a whole week of festivities for us, just like they did in London. And we --the only thing is they closed out
the parade, because of the talks with the North Koreans going on at the same time. But we still had all of
the festivities on, the banquets, and lunches and whatever, throughout the week. Anyway, all this -- I've
been organizing this parade now since London, which is over 12 months ago, and there's a lot of people
involved in it, very -- an awful lot of people. In fact, out-of-state people, as well, state representatives for
all the different and various veterans groups -- Vietnam, Korean veterans, Second World War veterans.
And this parade is going to be the Armistice Day Parade in honor of the remaining World War I veterans.
And we had about four, seven of these in the last 12 months, where we had two, three and four World War
I veterans. So there's still some of them around, and we're hoping to have two or three of them at this
parade. I've sent invitations out to the 73 consul offices -- consulates, rather, in Dade, most of them in
Dade, a few in Broward, and I've sent off invitations to all the mayors of every town or city in Dade
County. I've got all kinds of colonels involved in this, and I'm looking for a general and an admiral,
which I'm pretty, pretty sure that I'll get a hold of. Now, the -- where I started off 12 years ago, I've built
up this parade. Now, we got more flags on this parade than you'll probably ever see on any parade. So
it's pretty well organized on that basis. And the reserve groups are involved in it, South Common
involved in it, ROT groups are involved in it, and a list of veterans groups, the Vietnam, Korean and so
23 10/12/00
on. And what it is for me to fund this thing, I thought of an idea of manufacturing portable memorials,
very much like the Vietnam Memorial that goes around the country, but on a smaller basis. And my
memorials are in a way that when they're fabricated, they have these -- I'll just show you some of them.
These are the seals that go on the memorials for all the different services that are out there. Army, Navy,
Air Force, Coast Guards and such, all those seals are all made, and they go onto the memorials, along with
a plaque that gives them some idea or gives them the idea of how many people were killed in action. The
first one I've done is the one for the American Merchant Mariners. And they got the plaque on there, and
the seal on there, and the plaque lets everybody know that there were over 6,000 merchant seamen killed
during the war, and 833 ships were sank during the war, but 33 went missing without trace. So we're
bringing them out of the archives and putting them on these memorials. And that's where our sponsors
are coming in. Now, the people that's going to benefit from these sponsorships are people like this in
Macktown, who are going to manufacture the memorials for us, and also the veterans groups, the Disabled
American Veterans, and so on, and various other veterans groups, hospitals and nursing homes. And what
I'd like to do, actually, is I'd like to ask the Commission if -- I don't know whether it's appropriate -- but
if -- between twelve thousand and fifteen thousand dollars ($15,000) I estimated for this parade to take
place, which is a small price, actually, compared to what New York is doing in November. They're
hosting a big parade up there, a ticker tape parade, and having the Korean veterans as the leading veterans
on that parade. They're going to host that parade. And also, Seoul hosted theirs and London hosted that
one. I am asking the Commission here of Miami to host this, be part sponsors or sponsor the whole thing.
And I think between twelve and fifteen thousand dollars ($15,000) is a small price to pay, considering
what -- thousands of people that died in the last hundred years defending their countries. So this is what
I'm asking for, for a reduction -- either a reduction in the cost of the -- especially the police. And if the
City would like to host or co -host the events, it's only going to get bigger every year. It's going to be big
this year for the first year, believe me. It's going to bring a lot of attention to Miami. And so I think the
money will come back very easily to Miami.
Vice Chairman Gort: Thank you, sir.
Mr. Colley: Thank you.
Commissioner Regalado: Excuse me. Excuse me. One question, sir. Over here.
Mr. Colley: I'm sorry.
Commissioner Regalado: How many rooms do you think that you'd be booking in the Windham for the
people that will be participating?
Mr. Colley: I don't have any idea on that, because I have had calls from Ohio, Virginia and Jacksonville,
and Stuart, places like that, that have told me they're coming down, too, and stay the weekend or stay the
night at the Windham Hotel, and other hotels in the vicinity, as well, like -- you know. So the
Intercontinental was mentioned, as well, and the Howard Johnson is another one, which is central to the
parade. Now, the parade, once we start off at Biscayne Boulevard, I have the F -16's flying over at 1:15. 1
have to bring my parade back maybe another ten minutes. We were going to start up at 1, 1 o'clock. I'm
going to have to bring it back about ten minutes, so we can be in position for when the F -16's fly over. So
there's all kinds of other things that are going to go on at that -- the JFK (John Fitzgerald Kennedy)
Memorial there, the eternal flame, that's going to last about an hour and 20 minutes. And then we parade
24 10/12/00
up Biscayne Boulevard to the north end of the Omni Shopping Center. And then we disband, .and then we
all go around to the back to the Trinity Cathedral for the one-hour remembrance service. So that's what
it's all about.
Commissioner Regalado: OK.
Vice Chairman .Gort: Thank you.
Mr. Colley: Thank you.
Commissioner Teele: Mr. Chairman, did we get a written recommendation from the Manager on this?
Carlos Gimenez (City Manager): No, sir. We just needed to discuss the issue.
Vice Chairman Gort: Who's going to discuss it from staff?
Mr. Diaz: Manuel Diaz, NET Coordinator. As we usually do -- and I apologize -- I don't have -- because
the figures have been adjusted. But the totals for City services, which are non-waivable, are fifty-six
hundred and twenty dollars ($5,620). The total for the waivable fees are eight hundred and four dollars
($804), for a total that we have for the event of six thousand, four hundred and twenty-four dollars
($6,424). The difference is possibly some of the amenities that the gentleman is adding on to make the
parade go. But as far as total City cost, sixty-four hundred and twenty-four dollars ($6,424). And the
waivable fees are eight hundred and four dollars ($804).
Commissioner Regalado: And why do you say that fifty-six hundred are not waivable? What's. --
Mr. Diaz: No, that's not -- fifty-six hundred are cost for Police, Fire, Solid Waste and Parks and
Recreation.
Commissioner Regalado: But why do you say they are not waivable?
Mr. Diaz: No, they are waivable if the Commission determines that they're waivable.
Commissioner Regalado: Oh.
Mr. Diaz: But in the past, we haven't waived. We've only made -- we've determined the two costs,
waivable and non-waivable.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: He answered the question.
Vice Chairman Gort: OK. Commissioner Teele.
Commissioner Teele: Well, you know, you hear people talk about this is apple pie, America. I mean,
how can you not be for this? You know, the embarrassing thing here is that we shouldn't even have this
25 10/12/00
gentleman here asking us. We should be -- Well, why the devil do you live in Hallandale, anyway? You
ought to have a Miami residence. We need you down here in Miami.
Mr. Colley: I did. I did for about 12 years. .
Commissioner Teele: We need you here. You know, I think the real issue for me is -- We obviously are
going to do what he's asking, or figure out a way to do it. But the real issue is, how can we really start
doing positive things in this City? And I know that this City has a lot of resources. You know, I -- Are
you mailing everything from your home?
Mr. Colley: Yes, sir.
Commissioner Teele: See? You know, and we need to think PR (public relations) wise. We need -- You
know, I third-, between the DDA (Downtown Development Authority), the CRA (Community
Redevelopment Agency), the City of Miami, police officers that may be on light duty, or administrative
duty, or for whatever reasons -- I mean, you know, this is about -- this is about America. I mean, there is
nothing more patriotic. I mean, how can you argue against honoring veterans of World War I? And the
involvement -- we have no involvement with the Southern Command, at all.. This is one of the few things
that we, as the City of Miami can work. We should have three or four light duty police officers that may
have great administrative skills. We ought to have a whole command post, just dealing with this thing.
We shouldn't be hassling. And you're not hassling. And coming before us is the right way to do this.
But I would like to move at the right time that the City of Miami be a co-sponsor of this event, which
implies and requires that all fees that are available to be waived be waived,,but more fundamentally, that
we look at providing administrative space, office space, personnel, et cetera, whatever the Manager deems
appropriate, in conjunction specifically with the DDA and other organizations to make this event a
tremendous success, and I would so move.
Vice Chairman Gort: Motion. Second?
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Discussion.
Commissioner Regalado: Yes. Thank you, Mr. Chairman. The way that the City of Miami has been
portrayed in the national media is that this City is out of the mainstream America, that this City is
different, and that this City is weird, it's strange. If we were to hire a PR firm -- I have worked on PR --
the first thing that they will tell you is start doing things that are mainstream America. You do a veterans
parade, you do a toy giveaway in Christmas; you do a Thanksgiving, a massive Thanksgiving dinner. And
that is what catches the eyes of the national media. That is the only way that we will be able to try to
better our image throughout the United States. So what we're doing here is not waiving any fees. What
we're doing here is investing in public relations and image for the City of Miami. It's very simple. And
like Commissioner Teele said, it's a little embarrassing to have to deal with this thing about several
thousand dollars when there are people in the parking business that owe the City half a million dollars, and
we don't -- we have done nothing about it for many months. So, you know, I think it's something that
needs to be addressed. Unfortunately, we do not have a public relations mind in the Administration, and
we need to do this as a pattern. We should increase the number of events that are portrayed and will be
26 10/12/00
i
portrayed in the media. I'll tell you that in a Sunday, if it's a slow Sunday, all the media outlets will be
out there filming his parade, and that's what we want.
Vice Chairman Gort: I have a couple of questions. Sir, are you a one-person committee?
Mr. Colley: No, sir. If you have a look at my portfolio, you'll see a list of the committee members, and
also the board of directors.
Vice Chairman Gort: OK. What I'd like to do is -- and we have to realize this gentleman came to us, and
this is the procedure that we have to follow. We have to follow procedure. That's why we have these
things here. What I'd like for you to do -- and we have a gentleman here from -- Mr. Alonso from DDA.
I want you to get together with him, and the DDA will be able to work with you in some of the marketing
and some of the strategy. Sit down with him, talk to him. And you can use our offices right on Biscayne
Boulevard. So you can go ahead and use it, and they'll work with you to make sure that it becomes very
successful. And hopefully, this will be an event that will continue to come every year.
Mr. Colley: It is going to be planned on a -- an annual event..
Vice Chairman Gort: And this is like the Orange Bowl, Calle Ocho and all those events that began very
small, and then they have become very.major events within the City of Miami. So I have a motion and a
second.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Again, I want to commend you. I really do think the DDA -- and not to exclusion
of the City -- in coordination with the City is right there on the scene, on the ground, even Bayfront Park
Trust. I mean, you know, we've got a lot of resources. It's just a question of coordinating. But I want to
just say one thing to Chief Martinez and the Manager directly. I will be bitterly disappointed if we can't
find resources to support them with personnel and staffing. Let me just say this: He just said that they're
writing the consulates. OK? That correspondence should be coming from the City of Miami. They treat
it differently. They would treat it totally differently. With all due respect to this fine gentleman and what
they're doing, if any Commissioner picks up the phone and calls a consul general, the response is
instantaneous and automatic, because that is what they're here for, is to maintain relationships with
government, and business and industry. And so I really would hope that the Police Department -- we've
got people that are on light duty, people that are suspended or what, administratively, you know. This is
what we should be about. And Tomas Regalado has said it best. And he said it in a way that no matter
how many times I'll say it, it won't have the same impact. This City needs to be on the right side of the
American flag, and we need to project an image that we care about America, and that we are part of
America. And we can celebrate our diversities, all of our unique diversities, but we can all come together
in support of issues around the American flag. And so, Tomas, I really appreciate what you've said.
Vice Chairman Gort: Mr. Menendez.
27 10/12/00
Alonso Menendez: Yes. Alonso Menendez, Chief of Staff, DDA, 200 South Biscayne Boulevard. Mr.
Colley was already at DDA. We provided some maps and information that he has requested. And we're
always ready to cooperate with him any time he comes in.
Vice Chairman Gort: We're going to do a lithe more now. Thank you. Appreciate it. Thank you, sir.
Mr. Colley: Can I just say one word, please? Just one thing. These are the plates that are going to go on
the portable memorials for the 833 ships that were sank. This one here is for Ralph Foster, the first --
World War I veteran that died recently. And unfortunately, he died in June, just short of -- a week short of
his 106th birthday. And another gentleman, Rick Martin -- Martin Rickmond, I should say, in the Veterans
Hospital died about -- his birthday, he was going to be 106 on the 151h of November this year. So,
unfortunately, we don't have them. But we've got three others that we're working on. But these are the
plates that are going to go on the memorials, and this is what the people are sponsoring. And that's why
we feel that the money that's coming in off these would be better spent on disabled American veterans and
the rights of these people here, rather than pay out, you know, to the City. I appreciate your help. Thank
you very much, Commission. Thank you.
Vice Chairman Gort: Thank you, sir. Thank you. Did we call the roll on this?
Commissioner Winton: No. I have a comment.
Vice Chairman Gort: OK. Discussion.
Commissioner Winton: I don't want to repeat what my colleagues have said about how wonderful and
great and exactly the kind of thing that this parade can bring to'the City. I don't want to repeat those kinds
of things, because that's absolutely correct. But there's two issues that I want to hit on. One is in defense
of the staff. I think that we're at fault for the City not having a PR plan, because we've not provided any
policy directive to the City to do that. So I think that what we ought to do, Commissioner Regalado, is
maybe after this meeting, sometime during the course of the time between this meeting and the next
meeting, meet with the City Manager. You've got some great ideas. And we ought to begin to carve out a
specific policy that relates to this kind of thing, so he has and they have some direction. That's one. The
second part relates to funding these things. And you all know that this whole process has troubled me
every single time someone comes up here. What is the policy? What is the procedure? Who's the one
that gets it? Who's the one that doesn't get it? And we've got this new procedure that I think is
absolutely awful, and that is each of us gets fifty thousand dollars ($50,000) to dole out. That's two
hundred and fifty thousand dollars ($250,000). I don't have the staff to sit around and make the decisions
in terms of who -- And by the way, if you look at the number of parades, and festivals and all those things
-- and someone has done that work for me -- a huge percentage of those occur in District 2. So I don't
have the staff to go through a monitoring process to decide who should get and who shouldn't get. And
what I really think, Commissioner Teele and Commissioner Regalado, that we ought to do is, this fifty
thousand dollars ($50,000) for each of us, it ought to go back to the City. It ought to become part of the
policy, Commissioner Regalado that we develop for PR. And the City, who has the staff, ought to go
through a ranking process and have all of these parade people and all of these not -for -profits who want to
do all of these public events apply, just like anybody else does, go through a ranking process. When we're
out of the two hundred and fifty thousand dollars ($250,000), we're out of it. And you either qualify or
you don't. And I think that's the way this process ought to work, as opposed to this kind of helter-skelter
28 10/12/00
0 •
system we've got right now. And this was a classic example of the kind of helter-skelter process we have.
We shouldn't, as you all said, we shouldn't have to be figuring out how to get that done. There ought to
be a process that just automatically gets it done. But we don't.
Commissioner Regalado: I'll tell you something, just very briefly. This parade will take place, and the
setting of the parade is a very visual thing. Trinity Cathedral is one of the most beautiful settings. If I
were the City administration, and the Media Information Office, what I would do is I would film and I
would take pictures of this parade, and I would distribute to every media outlet in the United States,
saying this is Miami. And the reason is that every media outlet in the United States for five months
portrayed the City in different settings and in different ways, and it created an environment that is not very
healthy for the image of the City. And this typifies -- this parade can be done in Louisville, Kentucky or
in whatever town of any small city in the United States, and people will see that as part of the tradition.
So, you know, I know it's not going to happen, but I think it is important to say on the record that this is
the thing that we have to use in order to advance the image of the City.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, it is my understanding that we have, this legislative body has
directed the administration to come up with a process where we create a -- a fair process to determine how
we could assist organizations that come up with great ideas that I think in the long run benefit the City.
But till we don't come back with a written policy, Johnny -- and I agree with you -- what's going to
happen is you're going to have non-profit organizations, and every organization coming in front of this
Commission, asking us to waive fees. I mean, some of them, you just can't say "no" to, and some, you
could say "no" to. But how do you determine what you say when you don't have a written policy where
you will not come -- it will not come back in an argument form when we deny it? So it is my
understanding, the two years that I've been here, that we have, in the past, directed the administration to
put together a policy stating how we are going to assist non-profit organizations that come in front of this
legislative body asking for assistance to sponsor their events. City Manager, you, yourself suggested to
give the Commissioners "X" amount of money for projects in their City. That, in the process, may not be
fair, because once again, Johnny's right, about 70 percent, almost 80 percent of the major parades and City
activities that are usually sponsored by the City fall in your district. But I have, and I know I have in the
records where I have basically sent you a letter stating which projects I want sponsored by the City, in the
City. And that has just been the Three Kings Parade. But we need to come with a sound policy, a written
policy, passed and approved by this legislative body making it a policy where we don't -- you know,
everybody that comes up, we can't give everybody money.
Mr. Gimenez: Mr. Chairman.
Vice Chairman Gort: My understanding, and I probably will not use -- and I only committed to the rugby
competition that's going to take place, because I think it's something new that's going to take place in
Curtis Park. I will probably send back, like I have done many times within my budget, money to the
general funds. But my understanding is that the -- we were requested to send a letter stating which ones
we would like to go ahead -- And the policy should be once we have decided which ones we're going to
sponsor, let the public know these are the only events that the .City of Miami will be a co-sponsor. And
then what we can do with any other event that comes forward, try to help them to secure by utilizing the
very successful -- We have events here that are very successful. They have the expertise in bringing the
29 . 10/12/00
sponsors. And we'll get those people to help those coming up with the new events. And that's what we
need to do. At the same time --
Mr. Gimenez: Mr. Chairman, I'd be happy to --
Vice Chairman Gort: Let me interrupt you for a minute. There used to be a gentleman by the name of
Lou Price. Some of you old-timers here might remember that name. There used to be a Department of
Publicity for the City of Miami. It used to be run by Lou Price for many, many years. And let me tell
you, I think -- and we had to deal with the crisis, we had to deal with a lot of problems. But I think it's
time now to start doing some of the PR. And maybe we can go back and look at some of the work that
was done in the past. Mr. Manager.
Mr. Gimenez: Mr. Chairman, we'll be happy to come back to you in the first -- in the meeting in
November with a number of different policies, and as a discussion item, and then the Commission tell us
exactly what the policy is that you all want. But you've got -- There's really three hundred thousand
dollars ($300,000) available. How you spend it, that's up to you. It's a policy decision. It's really not up
to us. And then that's why you have it -- you know, we have it in the budget. We understand the
importance of it. We also understand that there's really not a very good process to tell people like this
"yes" or "no." And I do agree that it's unfair to bring people up, and some .we say "yes," and some, "no."
There has to be a process that has to be delineated, and everybody knows after this, it's over, and we're
not going to sponsor any more.
Vice Chairman Gort: Thank you.
Commissioner Regalado: Mr. Chairman, just a brief question. Mr. Manager, what is the role of the City
in the rally to honor Tom Lasorda next Saturday at the Knight Center? Do we have any role at all?
Mr. Gimenez: I believe that's in the discussion phases right now.
Commissioner Regalado: Excuse me. It's been advertised Saturday at 3 p.m. So I figure that the police
and the administration should know something about it.
Mr. Gimenez: As far as I know, the only discussions that I've had, there's. indication there may be, you
know, a small cost for some extra police services, basically, for protection of the individual that may be
coming in, Mr. Lasorda. So.
Commissioner Winton: Well, the answer is that we don't have any role.
Commissioner Regalado: We don't have.
Commissioner Winton: At least now.
Commissioner Regalado: Well, the City is sponsoring that. That's what I heard on the radio. The Mayor
is inviting him on behalf of the City. That's to the Knight Center. I don't know. The Knight Center has a
management company. I don't know how this works. The free parking has been offered across the street.
I guess that the police will have to be there to direct traffic. I think --
30 10/12/00
0
Mr. Gimenez: Commissioner, I can get you the information later on, and I'll be happy to share it with
you.
Commissioner Regalado: No. I was asking --
Mr. Gimenez: I really don't have all the information with me.
Commissioner Regalado: I was asking, because some things come to the Commission, some things don't.
And that is the problem with the policy. If we are going to waive it ' - You say that only body guards are
going to be used to protect Tommy Lasorda?
Mr. Gimenez: Let me -- like I said, let me get all the information, and then let me --
Commissioner Regalado: Because, you know, we've got good bodyguards here.
Mr. Gimenez: Let me get all the information, and then I can let you know what the plans are. I don't
have all the information with me right now.
Commissioner Regalado: Could you get it before we finish today, please?
Mr. Gimenez: Yes, sir.
Commissioner Regalado: Thank you.
Vice Chairman Gort: OK. Gentlemen, we need to move. There's a motion and a second. 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. 00-884
A RESOLUTION (PENDING)
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
31 10/12/00
0 •.
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 Sanchez: How much was the total? Are we waiving everything? Are we going to be a co-
sponsor? Are we going to be a sponsor, and we're going to waive -- What fees are going to be waived?
Mr. Diaz: If we're waiving the fees, the total fees for City services and the waivable fees are six thousand,
four hundred and twenty-four dollars ($6,424), approximately.
Vice Chairman Gort: OK. Thank you, sir. Thank you.
Mr. Diaz: And, of course, they'll have to provide a certificate of insurance.
Vice Chairman Gort: Right.
Vice Chairman Gort: King Mango. Item 5.
Commissioner Sanchez: Sir, did you get that? Sir? Mr. Colley, did you get that that you're going to have
to provide certificate of insurance?
Mr. Colley: I have it.
Commissioner Sanchez: OK. Thank you.
Mr. Diaz: We'll have the Special Events Coordinator contact him before he leaves.
32 10/12/00
8. (A) KING MANGO STRUT TO BE HELD ALONG BISCAYNE BOULEVARD ON DECEMBER
31, 2000; AUTHORIZE WAIVER OF ALL FEES AND PERMITS AND PROVISION OF IN-KIND
SERVICES BY DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL SERVICES
ADMINISTRATION, SOLID WASTE, AND PARKS AND RECREATION, $3,000; CONDITIONING
SAID AUTHORIZATIONS UPON ORGANIZERS.
(B) ' COMMENTS REGARDING COMMISSION POLICY FOR FUNDINGFESTIVALS/EVENTS.
Manuel Diaz (NET Coordinator): Mr. Wayne Brehm.
Wayne Brehm: I am Wayne Brehm. This is my partner, Antoinette Fernandez -Baldwin. Excuse me
while I use my notes, so I can get my points across concisely.
Vice Chairman Gort: Your address, please, sir.
Mr. Brehm: Pardon me?
Vice Chairman Gort: Your address, please.
Mr. Brehm: 3070 Grand Avenue, Coconut Grove. I've owned Om Jewelry in the Grove for 30 years, and
have been a director of the Chamber of Commerce for 20 years. However, today, I'm before you as an
organizer of the King Mango Strut. We have successfully produced this event for 18 years with thousands
attending every year.. Miami is competing with many alternative shopping areas, and the Strut draws
maybe five or six thousand people, many of whom discover Coconut Grove as a destination, and return to
spend their money here in Miami. More importantly, we have been televised nationally, as well as
internationally every year. Last year, we were featured on CNN, national public radio, The Fedor Travel
Book, and the flight magazines of Delta, .American, British Airways, as well as the New York Times
magazine. Our parade showcases Miami in an upbeat, humorous and positive way. We are a non-
commercial event. I'll explain why we're not a non-profit corporation later. And we've resisted corporate
sponsors. We have relied on T-shirt sales and local donations, only. We have never profited from this
event, and, in fact, spent a lot of our own money on costumes, props and City services. In 1983, our
police costs were two hundred and ten dollars ($210). In 1999, they were fifteen hundred and ninety-four
dollars ($1,594). This year, they are estimated at two thousand, one hundred and eighty-one dollars
($2,181) plus. The total cost of City services, including the supplementary user fee is a little less than
three thousand dollars ($3,000). With the cost of insurance, barricades and other City -required things, the
cost of staging our parade will exceed four thousand dollars ($4,000). And that doesn't cover bananas --
banners, printing, rubber noses, false moustaches and any of the other things that we need. Once again, I
want to stress the great publicity the City receives from the King Mango Strut. That is why we are asking
that you waive less than three thousand dollars ($3,000) in City costs. This seems like an inexpensive way
for the City of Miami to show off its warm and wacky humor to the rest of the frigid country at the end of
December. Thank you in advance for helping everyone have fun. And remember, laughter is the best
medicine. Also, I might want to thank your staff, Johnny, for going ahead and taking your discretionary
fund and doing the paperwork, and maybe working it out, so we can get our fees paid.
Vice Chairman Gort: Thank you, sir.
33 10/12/00
Commissioner Winton: Mr. Brehm, I have a memo. I'm not sure I understand who it's from, but the
memo questions two things. And I just saw this, so I couldn't ask you in advance. One is your connection
between -- not yours -- but King Mango Strut's connection between or connection to the Daytona Rice
Paddy. Are those two separate things?
Mr. Brehm: I will explain that to you. A gentleman named Rod Picard (phonetic) came to me personally
and said, "I'm doing a public event in Daytona Beach. Would you be on my board, so you can help Me do
a public event? I've never done one." I said, "Fine, put me on your board." That is the only connection.
And all I've done is advised him in how to deal with City services, how to deal with Ms. Blanco, et cetera,
et cetera.
Commissioner Winton: And the second question is: What's the formal structure of King Mango Strut? Is
this a for-profit entity or a not-for-profit entity?
Mr. Brehm: We just scramble every year to make enough money to pay off things, and we don't get
enough, so some of it comes out of our own pockets. We are a regular corporation. The only reason
we're a regular corporation is because a lawyer friend last year did pro bono work to reincorporate us.
We've been -- we haven't even been registered for 10 years. And he explained to me what the problems
were with being a non-profit corporation. It costs more to file, and it's much more complicated to keep
records that the state requires to do that. We don't even have an accountant, you know. We're just a little
Commissioner Winton: Right.
Vice Chairman Gort: Thank you. Staff?
Manuel Diaz (NET Coordinator): Manuel Diaz from the NET (Neighborhood Enhancement Team)
Office. We estimate the total City services are -- and the gentleman is correct -- at twenty-one eighty-one
for City services, which include Police Department and Solid Waste pickup. We estimate that the
waivable fees will be three hundred and sixty-five dollars ($365). The administration at this time is
recommending against the waiver of fees and services. This is a non -- this is not a non -for-profit
organization. In the past, we've waived for --
Commissioner Teele: This is what? "Not" a non-profit?
Mr. Diaz: It's not a non -for-profit organization, and on their application, they show it -- It is -- Well, I
can't say they're for profit, because -- I guess.
Mr. Behem: We've not made any money on it.
Mr. Diaz: But they're saying they're a self-supporting organization.
Commissioner Winton: Well, "self-supporting" is different, you know. That's weak. The question here
is, from a policy standpoint -- and I want to know if we have apolicy -- and from a policy standpoint, is
there a policy? And I understand why they've incorporated, which, frankly, I think was a mistake. I don't
care if it is more difficult. It makes it more difficult for the public sector to give money to a for-profit
34 10/12/00
corporation. That's areal issue there. So I want to know if we have a policy, one, or any precedence that
has been established that whereby other similar organizations that are clearly self-supporting community
do -good organizations that might be classified as for profit, as opposed to not for profit. And that's the
issue that I want to understand.
Commissioner Teele: Is it for profit? Is that what you're saying?
Commissioner Winton: Yes. They incorporated as a corporation, a regular corporation, as opposed to a
501(c) something. And so that's an issue here that we have to understand. So I don't know if there's --
from a Commission standpoint, I think it's bad public policy for us to give money to for-profit
corporations. I've said that from day one. Now, the fact that you guys incorporated this way, because you
had an attorney friend that said it's easier is a big mistake. Now, the issue here for us -- and I can't,
frankly, in good conscience support waiving any of the fees if there isn't a precedent for us already doing
that. And so what I would encourage you guys to do is go back and change your incorporation, so that
next year, you can get the same fees waived that we waive for everybody else that does this kind of thing
in the City. And that's what I was prepared to support this go -around, but I didn't know the part about
being classified as a for-profit corporation, which creates new kinds of problems for us. So do we have a
precedent in the City for giving -- for waiving fees -- not giving money, but for waiving fees to for-profit
corporations?
Commissioner Sanchez: To profit organizations. Has the City ever done that?
Carlos Gimenez (City Manager): It's a hundred years old.
Commissioner Sanchez: Yeah, but -- but wait.
Commissioner Winton: And I don't mean a long time ago. I mean. recently. I'm talking about. current .
history, not old history.
Mr. Diaz: In the last 18 months that I've been here, I don't believe that we've done it. And we'll do the
research in the files, but not to my knowledge.
Commissioner Winton: OK. And the next -- the next point I want to -- or question I have is, is a.clear
understanding for the King Mango Strut people. The waivable fees, those fees that we've been waiving to
everybody that comes through here anymore amount to three hundred and. sixty dollars ($360); is that
right? We're not waiving fees for real cost. So police cost and garbage pickup cost, and all those things,
those things aren't being waived for all these not-for-pfofits that are coming through here. The fees that
are being waived are the permit fees and all of those fees; isn't that correct? That's how we've been
operating this.
Mr. Gimenez: (Inaudible). Yes, sir.
Commissioner Winton: So what I was prepared to do for King Mango Strut is recommend that whatever
fees have been waived for all the other not -for -profits that have been through here since I've been here, we
waive for King Mango Strut. But we do have a serious policy issue here relative to you being classified as
a for-profit corporation.
35 10/12/00
Mr. Behem: We've never made a dime if that means anything
Commissioner Winton: Yeah, I under --
Mr. Behem: I understand what you're saying. And I think that, you know, next year, I will either redo it
or just, not pay the.corporation fees, so we don't -- so we aren't a corporation.
Commissioner Winton: Yeah, exactly.
Mr. Behem: Would that change your mind, if we weren't a corporation?
Commissioner Winton: Well, I think you're better off. I don't know. You need to talk to another lawyer
about that, which --
(INAUDIBLE COMMENT)
Commissioner Winton: Yeah, because I don't know the legal implications of not having any entity at all,
or being a not-for-profit corporation. I only know the implication of being a for-profit one.
Vice Chairman Gort: Ms. Carpenter.
Elena Carpenter: Elena Carpenter, 2980 McFarlane Road, Suite 204, Coconut Grove, Florida. Good
morning. I was wondering, Commissioner, if the Coconut Grove Times agreed to pay for the services of a
certified public accountant to do a filing for a 501(c) 3 application for their corporation, which actually
can be done, would that help you make your decision today?
Commissioner Winton: Absolutely.
Ms. Carpenter: Thank you.
Commissioner Sanchez: Mr. Chairman, if I may.
Vice Chairman Gort: Yes.
Commissioner Sanchez: Before I yield to you, Chief. You know, once again, we go back to a word that
everyone brings out, and that's "standardization." If we don't have anything in writing that says that we
can't assist profit organizations, then what is it for us to say "no" 'to them? I mean, they're -- the event
that they put on in the Grove is-- I.enjoy it. It's humorous. Let me tell you, if we all couldn't laugh
around here, you know, we would all go insane. You know, every now and then, we've got .to laugh. And
of course, they've made some -- you know, some humorous issues in the past that may have offended
some people here at City Hall, but hey, that's America, and that's democracy in its best form. We can
make fun out of everything, and if people take it personally, that's their problem. But once again, we get
back to the policy issue that if we don't have anything in writing, what is it for us to say that we can't do
something to help them? So, Johnny, if you're willing to make the motion to -- for the three hundred and
sixty-five dollars ($365) waiver fee, I am prepared to second that.
36 10/12/00
Commissioner Winton: I am prepared to make that motion, subject to the ability of whomever to get this
501(c) -- whatever "C" it is -- not-for-profit corporation status set up for this entity.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Further discussion? Being none -- yes, sir.
Commissioner Teele: Yeah. They're asking for twenty-one thousand, and we're going to give them
three?
Commissioner Sanchez: No. They're asking for three thousand.
Mr. Diaz: Twenty-one hundred.
Commissioner Winton: They're asking for twenty-one hundred. But what's the standard? Yeah, and we
need to clarify that. What --
Commissioner Teele: They're asking for --
Mr. Behem: We're asking for less than three thousand dollars ($3,000).
Commissioner Winton: Yeah. And again, it keeps me confused, totally. We cannot waive a different
amount of fees here. And you guys said it, basically. Well, what does "basically" mean? I want to waive
the same fees, and services and everything else for King Mango Strut that we've done for every
organization that's been up here for the eleven months I've been here. Not less, not more. Same. What
are those?
Commissioner Teele: Look, look.
Mr. Gimenez: The only way that the fees -- but that's not always. Sometimes, you also sponsor the event.
And then all of the -- you know, in terms of all the expenses and all that, basically then is the City. So it's
not a consistent policy. That's the problem.
Commissioner Teele: Isn't the high honor that you all afford is the Grand Marshal? Isn't that sort of what
everybody doesn't want to be?
Mr. Behem: Yeah.
Commissioner Teele: I mean, isn't that sort of the --
Mr. Behem: We always try to find somebody that's a Grand Marshal with --
37 10/12/00
Commissioner Teele: I move that six hundred dollars ($600) from each Commissioner's office be
debited, subject to them naming our Mayor the -- Now, I really do think that this is --
Commissioner Regalado: I'll second that.
Commissioner Teele: I figured you would. I really do think that this is a tradition that was here long
before Johnny and I got here. I mean, the Marching Freds, you know, the spoofs on various City Hall
officials. And I think that no matter how this comes out, we need to not take ourselves too serious here.
And I certainly would support, just as a statement of First Amendment and continuing the free speech that
this City really needs to take a close look at is that we ask the Manager to work with them, and if
necessary, you know, come up with the three thousand dollars ($3,000). that's necessary from the funds
that we have available, just as a statement of free speech. So if you don't object, I would just amend it. If
you object, I'll leave it alone. But --
Commissioner Winton: I don't object. In fact, it can come out of that pool I have. However, I want to
make a statement about it. Philosophically, I'm really opposed to this. I hate this process. I hate the idea,
and if we don't have a policy next year, my basic policy is going to be "no, no, no, no, no." I want a
policy --
Commissioner Teele: But until we get a policy.
Commissioner Winton: -- that's fair and consistent to everybody. So I'm going to step out of my normal
mode this morning, because this is -- this does have a -- this is kind of an institutional parade in the City.
It is Coconut Grove, so it's very important. We don't want to -- But understand, I am stepping out of a
position to agree with this three thousand dollars ($3,000) amount that I've maintained since I've been
here, and I'm nervous in doing it. So I won't do it next year if we don't have a clear-cut policy so that I
know what we're doing.
Commissioner Teele: Mr. Chairman, Mr. Manager --
Vice Chairman Gort: Gentlemen, gentlemen, it's very simple. What we need to do is identify the ones we .
want to sponsor, and tell from then on, from then on, there's nobody else who can come. We will not
have the funds.
Commissioner Winton: That is not correct. That is the point exactly that I'm making against. It isn't
about each one of us picking a damned sponsor. We've got three hundred thousand dollars ($300,000).
Seventy percent of the events are in District 2. It isn't about me picking one sponsor. I've got 70 of them
that I've got to deal with, and that isn't right. It's a lousy way to be doing this.
Commissioner Teele: Mr. Chairman, don't you all have a Coconut Grove Festival Committee that has
funds every year that generates and raises money?
Vice Chairman Gort: They do. And the funds are used for capital improvement within the Coconut
Grove area. And they've done some work in there.
Commissioner Teele: They're broke? OK.
38 10/12/00
0
Mr. Diaz: No, no.
Raul Martinez (Chief of Police): They got money.
Vice Chairman Gort: They do have money. They do have money. Maybe those funds could be used.
Mr. Gimenez: Mr. Chairman, again --
Commissioner Teele: I mean, it brings -- you know, we heard for 45 minutes from these people
complaining about what the City is not doing for Coconut Grove, the really --
Commissioner Sanchez: Call the question.
Commissioner Teele: -- marketing problem that Coconut Grove is having right now with South Miami,
and what'sgoing to happen when you open up that Rouse project. This is something that maintains at
least people coming into the Grove.
Vice Chairman Gort: That's a good idea, the Festival Committee. They have funds. Mr. King, do you
want to talk?
Jack King: Yeah. Excuse 'Me., Jack King, 4031 El Prado Boulevard, Coconut Grove. Mr. Chairman, I
don't believe that the Festival Board can use the moneys for that. I think they're earmarked for other
types of things, to capital improvements, and maintenance and those types of things. One of the things I'd
like to add to this -- I've been a volunteer in the King Mango Strut for a number of years. It is a low
budget operation, and it may be a -for-profit corporation, but I assure you, it is not a for-profit corporation.
It has barely gotten by in past years. One thing, though, Commissioner Winton, when you all look at these
parades and festivals and whatever, one of the things I would like to recommend -- and I've been railing
on a number of years about this -- is that anyone, any group that uses City streets for any of these types of
things, whether fees are waived or not, I'd like to see financial statements after they complete their event,
so we can see where the money goes, what happens, and make a determination in subsequent years as to
whether they actually need any assistance from the City, or they are a for-profit under a non-profit
umbrella.
Commissioner Winton: That's a great idea.
Commissioner Sanchez: All right. Call the question as amended.
Mr. King: Oh, wait a minute. I think the --
Chief Martinez: One quick statement. And again, it's not an issue of the money or the profits, whatever.
Raul Martinez, Chief of Police. It's just to bring to your attention, put on the record the challenge we're
going to have this year, because this year, they have moved the parade to December 31St, which is the
same day as the Orange Bowl Parade. So there's going to be staffing challenges for the Police
Department. I'm sure we'll be able to work around it, but, you know, the fact that we're going to provide
between 350, 400 policemen for the Orange Bowl Parade, and, you know, provide normal staffing and
39 10/12/00
r�
L
0
provide -- the issue is it's going to be a challenge that we're going to have to overcome. It's not the
dollars.
Commissioner Sanchez: But this parade is in the morning. It's in the morning.
Chief Martinez: You're right. But I mean, still, the officers -- you know, you have "X" amount of
officers that are there, and no more than that.
Commissioner Teele: Why don't they move the location? Why don't you move the location?
Unidentified Speaker: To South Beach. South Beach.
Mr. Brehm: OK, South Beach.
Vice Chairman Gort: All right. There's a motion that was amended.
Mr. Brehm: I was thinking in the evening on Biscayne Boulevard.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: As amended.
Vice Chairman Gort: Thank you.
40 10/12/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-885
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
THE KING MANGO STRUT, TO BE HELD ALONG BISCAYNE
BOULEVARD ON DECEMBER 31, 2000; AUTHORIZING THE
WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW
AND THE PROVISION OF IN-KIND SERVICES BY THE
DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL SERVICES
ADMINISTRATION, SOLID WASTE, AND PARKS AND
RECREATION, IN AN AMOUNT NOT TO EXCEED $3,000;
CONDITIONING SAID AUTHORIZATIONS UPON THE
ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED. BY
LAW; (2) PAYING FOR ALL NECESSARY COSTS OF ALL OTHER
CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH
SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR DESIGNEE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: And just remember, if we all couldn't laugh, we would all go insane. Jimmy
Buffet.
Mr. Brehm: Thank you.
41 10/12/00
9. EMERGENCY ORDINANCE: AMEND ORDINANCE NOS. 11705, AS AMENDED, AND
11839 BY INCREASING APPROPRIATIONS FOR TWO CAPITAL IMPROVEMENT PROJECTS:
(1) $375,000 FOR HADLEY PARK SENIOR CENTER, CONSISTING OF FUNDS FROM FISCAL
YEAR 2000 GENERAL FUND SURPLUS, AND (2) $600,000 FOR VIRRICK PARK RENOVATIONS,
CONSISTING OF $150,000 RECEIVED AS GRANT FROM STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, FLORIDA RECREATION ASSISTANCE PROGRAM AND
$450,000 PROVIDED FROM FISCAL YEAR 2000 GENERAL FUND SURPLUS, WHICH AMOUNT
INCLUDES CASH MATCH REQUIRED BY CITY; $150,000.
Vice Chairman Gort: Five -A. Emergency accepting a grant.
Commissioner Sanchez: So move.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NOS. 11705, AS
AMENDED, AND 11839, AS AMENDED, BY INCREASING THE
APPROPRIATIONS FOR TWO CAPITAL IMPROVEMENT
PROJECTS ("CIP") AS FOLLOWS: (1) FUNDS IN THE AMOUNT OF
$375,000 FOR THE HADLEY PARK SENIOR CENTER, CIP PROJECT
NO. 331391, CONSISTING OF FUNDS PROVIDED FROM THE
FISCAL YEAR 2000 GENERAL FUND SURPLUS, AND (2) FUNDS
IN THE AMOUNT OF $600,000 FOR VIRRICK PARK
RENOVATIONS, CIP PROJECT NO. 331316, CONSISTING OF
$150,000 RECEIVED AS A GRANT FROM THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA
RECREATION ASSISTANCE PROGRAM ("FRDAP"), AND $450,000
PROVIDED FROM THE FISCAL YEAR 2000 GENERAL FUND
SURPLUS; WHICH AMOUNT INCLUDES THE CASH MATCH
REQUIRED BY THE CITY IN THE AMOUNT OF $150,000;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
FROM FRDAP FOR VIRRICK PARK OUTDOOR RECREATION
IMPROVEMENTS AND EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
42 10/12/00
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. 11973.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Commissioner Teele: Mr. Chairman, if the Attorney and the Clerk would cooperate with you and pay
close attention for the next 20 minutes, we can go through about ten of these items.
Vice Chairman Gort: I understand.
43 10/12/00
•
10. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM FUND" AND APPROPRIATE
$98,634, RECEIVED AS GRANT FROM U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS.
Vice Chairman Gort: OK, item 6. This is the Domestic Preparedness Equipment Support Program Grant.
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Call the roll. I mean read it.
Alejandro Vilarello (City Attorney): It's an ordinance.
Vice Chairman Gort: Read it first.
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 SPECIAL REVENUE FUND ENTITLED:
"DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM
FUND" AND APPROPRIATING FUNDS IN THE AMOUNT OF
$98,634, RECEIVED AS A GRANT FROM THE U.S. DEPARTMENT
OF JUSTICE, OFFICE OF JUSTICE PROGRAMS; AUTHORIZING
THE CITY MANAGER TO ACCEPT THE FUNDS AND TO
EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF
SAID AWARD; AND CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
44 10/12/00
i
C
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. 11974.
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 10/12/00
0
CJ
11. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"BULLETPROOF VEST PARTNERSHIP GRANT II FUND"; APPROPRIATE $81,621.18,
CONSISTING OF GRANT FROM U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, TO ASSIST POLICE OFFICERS IN
ACQUISITION OF BODY ARMOR.
Vice Chairman Gort: Item 7.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded.
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 SPECIAL REVENUE FUND ENTITLED:
"BULLETPROOF VEST PARTNERSHIP GRANT II FUND";
APPROPRIATING FUNDS IN THE AMOUNT OF $81,621.18,
CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE
ASSISTANCE, TO ASSIST POLICE OFFICERS IN THE
ACQUISITION OF BODY ARMOR; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT SAID GRANT; AUTHORIZING THE
EXPENDITURES OF SAID GRANT FOR THE OPERATION OF SAID
PROGRAM; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
46 10/12/00
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 Winton, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11975.
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 10%12/00
12. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"HOMELESS SOCIAL SERVICES FUND 2000/01" AND APPROPRIATE $144,000 CONSISTING OF
GRANT FROM MIAMI-DADE DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN
SERVICES, FOR GENERAL SOCIAL SERVICES TO HOMELESS PERSONS LOCATED IN THE
CITY.
Vice Chairman Gort: Item 8, ordinance to accept the Homeless Social Service Grant.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Read the ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Walter Foeman (City Clerk): Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION .
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"HOMELESS SOCIAL SERVICES FUND 2000/01" AND
APPROPRIATING FUNDS IN THE AMOUNT OF $144,000,
CONSISTING OF A GRANT FROM THE MIAMI-DADE
DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN
SERVICES, FOR GENERAL SOCIAL SERVICES TO HOMELESS
PERSONS LOCATED IN THE CITY OF MIAMI; AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID GRANT AND EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
48 10/12/00
•
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11976.
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 10/12/00
13. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"VIRGINIA KEY BEACH PARK PRESERVATION PLAN FUND"; APPROPRIATE $25,000
CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES, $12,500, AND MATCHING FUNDS PROVIDED BY CITY; $4,100
FROM SAFE NEIGHBORHOOD PARK BOND FUNDS, AND $8,400 FROM FISCAL YEAR 2000
SPECIAL PROGRAMS AND ACCOUNTS FUND.
Vice Chairman Gort: Item 9. Ordinance to accept the --
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Read the ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"VIRGINIA KEY BEACH PARK PRESERVATION PLAN FUND";
APPROPRIATING FUNDS IN THE AMOUNT OF $25,000,
CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT
OF STATE, DIVISION OF HISTORICAL RESOURCES, IN THE
AMOUNT OF $12,500 AND MATCHING FUNDS PROVIDED BY
THE CITY OF MIAMI AS FOLLOWS: $4,100 FROM THE SAFE
NEIGHBORHOOD PARK BOND FUNDS, AND $8,400 FROM THE
FISCAL YEAR 2000 SPECIAL PROGRAMS AND ACCOUNTS
FUND; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
GRANT AND EXECUTE ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
50 10/12/00
•
Ll
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 Winton, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11977.
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.
51 10/12/00
14. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED:
"LUMMUS PARK HISTORIC STRUCTURE RESTORATION FUND" AND APPROPRIATE
$300,000 CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES, $150,000 AND MATCHING FUNDS, $150,000, FROM MIAMI -DADS
COUNTY SAFE NEIGHBORHOOD PARK BOND FOR HISTORIC RESTORATION WORK ON
WAGNER HOMESTEAD AND FORT DALLAS STRUCTURES LOCATED AT LUMMUS PARK.
Vice Chairman Gort: Item 10. Ordinance to accept Lummus Park grant.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"LUMMUS PARK HISTORIC STRUCTURE RESTORATION FUND"
AND APPROPRIATING FUNDS IN THE AMOUNT OF $300,000
CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT
OF STATE, DIVISION OF HISTORICAL RESOURCES, IN THE
AMOUNT OF $150,000 AND MATCHING FUNDS IN THE AMOUNT
OF $150,000 FROM THE MIAMI-DADE COUNTY SAFE
NEIGHBORHOOD PARK BOND FOR HISTORIC RESTORATION
WORK ON THE WAGNER HOMESTEAD AND FORT DALLAS
STRUCTURES LOCATED AT LUMMUS PARK; AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANTS AND EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
52 10/12/00
•
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 Winton, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11978.
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.
53 10/12/00
15. (A) SECOND READING ORDINANCE: AMEND SECTION 2-946 OF CITY CODE
ENTITLED: "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS" TO REQUIRE THAT
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.
(B) MANAGER TO DIRECT INTERNAL AUDITOR TO EXTEND SCOPE OF AUDIT IN
CONNECTION WITH CERTAIN ACTIVITIES OF GENERAL SERVICES ADMINISTRATION, AS
PERTAINED TO AGREEMENT WITH GENUINE PARTS COMPANY, D/B/A/ NAPA AUTO PARTS;
DIRECT MANAGER THAT CITY'S INTERNAL AUDITOR ALSO CONDUCT FULL REVIEW OF
CITY'S TIRE PROCUREMENT POLICY ISSUE WITH .NAPA; AND REVIEW OF PRIOR
PROCUREMENT PROCESS PRACTICED BY CITY AS COMPARED TO ITS CURRENT
PROCUREMENT PROCESS PURSUANT TO AFOREMENTIONED AGREEMENT WITH NAPA.
Vice Chairman Gort: Eleven. Second reading ordinance.
Commissioner Sanchez: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: Moved and seconded. Read the ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
54 10/12/00
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 BOARD ("GASB") AND NOT THE MUNICIPAL
FINANCE OFFICERS' ASSOCIATION ("MFOA"), WHICH
GUIDELINES AND REQUIREMENTS ARE NO LONGER
APPLICABLE; MORE PARTICULARLY BY AMENDING SECTION
2-946 OF SAID CODE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading, by title, at the meeting of September 28, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11979.
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: Sir, do you have anything?
Victor Igwe (Director, Office of Internal Audits): Not really, sir.
Vice Chairman Gort: Well, let me tell you, I've been reading the reports, the work you all have been doing,
and I think after reading all those if the -- your recommendation is implemented, we're going to be able to
save some money and get some additional revenues.
Mr. Igwe: Thank you, sir.
55 10/12/00
Vice Chairman Gort: Thank you.
Commissioner Regalado: And I'd like to say that the audit on GSA (General Services_ Administration) and
NAPA, it was a very detailed audit. But I still think that we need to find out whether we are paying more
than the ten percent that they charge, whether they are buying without bids other parts from other entities.
Mr. Igwe: We did. We did a sample on that particular test, and it came out we didn't have any problem. It
was on a sample basis.
Commissioner Regalado: Why? Why are there different brands of tires that all of a sudden have been
bought by the City without bids?
Mr. Igwe: I'm not sure that our samples included tires, but we chose some specific spare parts.
Commissioner Regalado: Well, I'd like to make a motion to extend the audit in the way that -- and the
money that it's costing the City with NAPA and with what we had before, because I think that what you
said on the audit, it's very important, and I hope that it's been corrected. But I still think that we are
spending more money in this system than the old system. I don't know if you can -- I will move that you
will go back and look into that, and see if there has been merchandise that has been bought through them,
using no bid system or other activities.
Commissioner Teele: Second the motion. And also, just as it relates to the tire issue, to include a full
review of the tire issue, because that's been a big issue.
Commissioner Regalado: Exactly.
Commissioner Teele: And, you know, let's don't get bogged down on this. It's a simple request, and I
think any Commissioner ought to be able to make a request of staff.
Mr. Igwe: OK. Do you want us to limit the audit to only the tires or --?
Commissioner Regalado: No.
Commissioner Teele: No, that's not what he said. He said "NAPA parts."
Commissioner Regalado: To the practice of the NAPA parts.
Commissioner Teele: And non -NAPA parts, and whether or not non -NAPA parts or NAPA parts are being
procured without a bid. I don't even know what the heck all this is about. But that's what he said, so.
Vice Chairman Gort: I think what he's stating is he would like to see a comparison of the policy that we
had before, and how much we were paying for the same --
Commissioner Regalado: Exactly.
56 10/12/00
•
Vice Chairman Gort: -- and if we're saving any money or spending more.
Commissioner Regalado: And how much money is been cost on --
Commissioner Teele: And I have a keen recollection that these tires were being sole -sourced, because
somebody had a fetish for some kind of tire. Whether it was Bridgestone or Uniroyal, I don't, I don't know.
But I do remember that somebody was saying that certain kinds of equipment, only this brand -- and I mean,
that makes as much sense as nothing. I mean, that's a ridiculous statement. So we really need to make sure
that that issue has been resolved.
Vice Chairman Gort: Thank you.
Commissioner Regalado: OK. Call the roll.
Mr. Igwe: Yeah, I'm sure it's something we can do. Thanks.
Commissioner Teele: Call the roll.
Vice Chairman Gort: All in favor --
Commissioner Regalado: Mr. Chairman.
Alejandro Vilarello (City Attorney): Mr. Chairman, that's a -- the motion is a direction to the Manager?
Commissioner Teele: Yeah.
Commissioner Regalado: Yes.
Vice Chairman Gort: Yes, yes, directing the Manager. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
57 10/12/00
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-886
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE
INTERNAL AUDITOR TO EXTEND THE SCOPE OF THE AUDIT IN
CONNECTION WITH CERTAIN ACTIVITIES OF THE GENERAL
SERVICES ADMINISTRATION, AS. IT PERTAINED TO AN
AGREEMENT WITH GENUINE PARTS COMPANY D/B/A NAPA
AUTO PARTS WHO WAS REQUIRED TO OPERATE AN IN-HOUSE
AUTOMOBILE SPARE PARTS STORE (NAPA STOCKED THE
SPARE PARTS STORE WITH ITS PRODUCTS AND ISSUES SAME
TO GSA MECHANICS UPON REQUEST) TO INCLUDE THE
FOLLOWING:
1) A REVIEW OF THE COSTS OF ALL NAPA OWNED
SPARE PARTS LOCATED AT THE SPARE PARTS STORE
OPERATED BY NAPA, ALONG WITH A REVIEW OF THE COST OF
NON -NAPA SPARE PARTS.
2) FURTHER DIRECTING THROUGH THE MANAGER
THAT THE CITY'S INTERNAL AUDITOR ALSO CONDUCT A FULL
REVIEW OF THE CITY'S TIRE PROCUREMENT POLICY ISSUE
WITH NAPA; AND
3) A REVIEW OF THE PRIOR PROCUREMENT
PROCESS PRACTICED BY THE CITY, AS COMPARED TO ITS
CURRENT PROCUREMENT PROCESS PURSUANT TO THE
AFOREMENTIONED AGREEMENT WITH NAPA, TO ASCERTAIN
WHETHER OR NOT THE CITY IS SAVING ANY MONEY
THROUGH OUR CURRENT PRACTICE.
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
58 10/12/00
E
16. SECOND 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 APPROPRIATING $185,000, AS REFLECTED IN GRANT
AWARD AGREEMENT OFFERED TO CITY OF MIAMI DEPARTMENT OF REAL ESTATE AND
ECONOMIC DEVELOPMENT BY U.S. ENVIRONMENTAL PROTECTION AGENCY.
Vice Chairman Gort: Item 12 is acceptance of a Brownfields grant.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded.
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 (PENDING)
59 10/12/00
0
passed on its first reading, by title, at the meeting of September 28, 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. 11980.
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: Item 13, second reading. Miami Commission on the Status of Women.
Commissioner Sanchez: That was continued.
Walter Foeman (City Clerk): That was continued.
60 10/12/00
0
17. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED: "STATE OF FLORIDA EMS (EMERGENCY MEDICAL SERVICES) MATCHING
GRANT PROGRAM (FY '99-00)"; APPROPRIATE $32,500 FOR OPERATION OF SAME,
CONSISTING OF GRANT, $24,375, FROM STATE OF FLORIDA DEPARTMENT OF HEALTH
AND MATCHING FUNDS, $8,125, FROM CITY'S OPERATING BUDGET.
Vice Chairman Gort: Fourteen.
Commissioner Sanchez: Fourteen, so move, Mr. Chairman.
Commissioner Teele: Second, Mr. Chairman.
Vice Chairman Gort: It's been moved and seconded.
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.
61 10/12/00
passed on its first reading, by title, at the meeting of September 28, 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. 11981.
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: Item 16, Biscayne Boulevard Special Vending District.
Carlos Gimenez_(City Manager): That's been withdrawn.
Vice Chairman Gort: That's been withdrawn.
Commissioner Winton: You need 15, 15, 15.
Commissioner Teele: What happened to 15?
Mr. Gimenez: Fifteen was continued.
Vice Chairman Gort: Fifteen is continued.
Commissioner Winton: Fifteen was continued?
Vice Chairman Gort: Yes.
62 10/12/00
•
18. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES', AND AUTHORIZE
ACQUISITION AND INSTALLATION OF EIGHT MODULAR WORKSTATIONS FROM GLC3
DESIGN CONSTRUCTION & MANAGEMENT FOR OFFICE OF NET ADMINISTRATION AND
OFFICE OF 'HEARING BOARDS, $67,538.25; ALLOCATING FUNDS FROM OFFICE OF NET
ADMINISTRATION OPERATING BUDGET AND MIAMI RIVERSIDE CENTER CAPITAL
IMPROVEMENT PROJECT.
Vice Chairman Gort: Seventeen. Emergency construction of NET (Neighborhood Enhancement Team)
Administration Office and purchase --
Commissioner Teele: Let me ask you this: Why couldn't you all just do this out of an existing
procurement? Move. I move the item.
Vice Chairman Gort: It's been moved. Is there a second? Seventeen, emergency construction of Net
Administration Office. It's been moved. Is there a second?
Commissioner Winton: There was a second? Second.
Vice Chairman Gort: Yes.
Commissioner Teele: This is at the MRC (Miami Riverside Center) Building.
Vice Chairman Gort: Right.
Commissioner Teele: Just work space. It's works spaces. That's what it's --
Commissioner Sanchez: Which company is doing the work? There's eight --
Manuel Diaz (NET Coordinator): Manuel Diaz.
Commissioner Sanchez: Huh?
Vice Chairman Gort: Which company is doing the work?
Mr. Diaz: The company has already done the work.
Vice Chairman Gort: It's already been done.
Commissioner Sanchez: It's already been done. OK. So move. It's ratifying.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
63 10/12/00
•
u
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-887
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 AND INSTALLATION OF
EIGHT (8) MODULAR WORKSTATIONS FROM GLC3 DESIGN
CONSTRUCTION & MANAGEMENT FOR THE OFFICE OF NET
ADMINISTRATION AND THE OFFICE OF HEARING BOARDS, IN
AN AMOUNT NOT TO EXCEED $67,538.25; ALLOCATING FUNDS
THEREFOR FROM THE OFFICE OF NET ADMINISTRATION
OPERATING BUDGET, ACCOUNT CODE NO. 145001.251113.6.585,
AND MIAMI RIVERSIDE CENTER CAPITAL IMPROVEMENT
PROJECT NO. 311042, ACCOUNT CODE NO. 319301.6.860, AS
APPROPRIATED BY ORDINANCE NOS. 11705, AS AMENDED,
11839, AS AMENDED, AND 11970, THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS
ORDINANCES.
(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: Well, what company did the work?
Mr. Diaz: It shows on the bid proposal. GLC3 Design and Construction and Management.
Commissioner Sanchez: Are they a local company?
Mr. Diaz: To my knowledge, yes.
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Commissioner Teele: This went to the Oversight Board in May for their approval.
Mr. Diaz: Right. It was supposed to -- Manuel Diaz from the NET Office. We tried to get it on before
the break, after the -- the first meeting after the break it was on. I originally pulled it off, because there
were so many items. And it made it back onto this agenda.
Commissioner Teele: Well, I mean, you know, look. Again, it's no harm done, but it's just the matter of
procedure. The procurement was done in November of '99; is that right?
Vice Chairman Gort: Yes.
Commissioner Teele: We're ratifying it a year later, and'I just think that a lot has gone on.
Mr. Diaz: Yes, sir.
Commissioner Teele: And it really should be a little more timely. But it's no big deal.
Carlos Gimenez (City Manager): We're cleaning it up, sir.
Commissioner Teele: No big deal.
65 10/12/00
19. AUTHORIZE FUNDING OF POLICE ATHLETIC LEAGUE PROGRAM AND ALLOCATING
$586,420.60 FROM LAW ENFORCEMENT TRUST FUND.
Vice Chairman Gort: Eighteen, Police Athletic -- the PAL (Police Athletic League) Program.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Sanchez: Second for the purpose of discussion. Mr. City -- Chief of Police.
Raul Martinez (Chief of Police): Yes, sir.
Commissioner Sanchez: How many officers do we have in the PAL Program now?
Chief Martinez: Sworn officers, we have five sworn officers, � one sergeant in the Community Affairs
function. With this, we're going to add -- we have added -- you know, it's a total of 19. We probably
have about 16, 17 in place right now. We added the 191'' position, because the first time I told you all, I
told you it was 18 positions. We've added the 19"' position. It's a person to go out, do fund-raising and
events that could bring more money, other than just the City money into the PAL Program.
Commissioner Sanchez: Can you provide this Commission a breakdown of the activities that PAL
provides throughout the City?
Chief Martinez: Definitely, sir. Definitely, sir.
Commissioner Sanchez: I know you have a great boxing program, and a football flag program and a
basketball program. Can you provide, just for me to get a feeling on how much activity is done, basically,
in my area pertaining to the PAL Program?
Chief Martinez: Definitely. And one of the things we're focusing on with the additional employees is to
go to parks that didn't have any programs. As an example, Buena Vista Park just west of Little Haiti, on
the corner of Little Haiti, they had zero programs. We want to do -- even though it doesn't have a
building, or the building, I don't know if it's been finished or not -- to provide something at parks that
have zero activities.
Commissioner Sanchez: And that's what I'm trying to get at. If you look throughout the City, you have a
lot of parks that have a lot of activity, whether they're these private baseball academies, and then some
other parks that have activity at night, basketball programs. I know that in my district, as well as other
districts throughout our community, there are some parks that have absolutely nothing. And those are the
parks that we identify as troubled parks, because we constantly see kids there basically with no activity,
just hanging out at the park, finding ways to entertain themselves that usually are not so well appropriated.
So if you could provide me with a list of that, I would appreciate it. Thank you.
Chief Martinez: Yes, sir. Definitely, we'll do that.
Vice Chairman Gort: Question. This is being coordinated with our Parks Department?
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• 1 •
Chief Martinez: Yes, sir. The Commander of Community Affairs works directly with the program
supervisor from Parks to make sure that we're not doing basketball and they're doing basketball at the
same park. If we're going to do basketball, let's both do it together, so we -- you know. And so we reach
different groups of kids, not the same kids with more sports. We want to augment the number of kids that
we're reaching. We work very closely with the Parks Department.
Vice Chairman Gort: Right, OK. Thank you. Any further discussion?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Again, I just point out this: Those communities that don't have parks, you know, it
becomes very cumulative. It becomes a double whammy. And I appreciate very much what you're trying
to do in Buena Vista, but it speaks volumes to the fact that we have -- one of the larges problems in our
community as it relates to youth is in the Haitian community. And yet, we have a very under-
representation here, in my judgment, of the kinds of activities. And so I'm not criticizing it. In fact, I
want to compliment you, and the Parks Director and the Management. This is a very important step
forward. This is the first time, to my knowledge, at least in the last four or five years that we've used
funds this way, to support recreational and police activities. And it's a great, great moment, I think, for
our City. But again, I think we really need to focus -- I know that Virrick Gynz is important, and Gibson
Park, which is in my district, is important. But it's also very important that we focus on the under-utilized
communities, and particularly, I'm concerned in this context about Little Haiti. Chief Martinez, I've not
had an opportunity to meet with you since you've been named Chief. May I come and visit with you, and
get an update on this in the next week or so?
Chief Martinez: Yes, sir, definitely.
Commissioner Teele: Thank you.
Vice Chairman Gort: Thank you. All in favor state it by saying "aye."
67 10/12/00
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The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-888
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC
LEAGUE ("PAL") PROGRAM, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $586,420.60, FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001,
690002 AND 690003, SUCH EXPENDITURES HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF THE TREASURY AND JUSTICE'S
"GUIDE TO EQUITABLE SHARING" AND SECTION 932.7055,
FLORIDA STATUTES (1999).
(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
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20. RESCIND RESOLUTION NO. 00-296 WHICH AWARDED BID TO FLORIDA
HYDRAMATIC CORP. AND ACCEPT BID OF MOLINA GARAGE FOR PROVISION_ OF
AUTOMOTIVE TRANSMISSION REPAIR, EXCHANGE AND OVERHAUL SERVICES FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, $50,000; ALLOCATING FUNDS
FROM BUDGET OF DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, LIGHT FLEET
DIVISION.
Vice Chairman Gort: Nineteen. City of Miami bid, rescinding of award. Yes, ma'am.
Judy Carter (Director, Purchasing): Yes, sir. We're asking that the Commission approve the rescission of
this award, because the --
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-889
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
IN ITS ENTIRETY RESOLUTION NO. 00-296 WHICH AWARDED A
BID TO FLORIDA HYDRAMATIC CORP., UNDER INVITATION
FOR BIDS NO. 99-00-045R, AND ACCEPTING THE BID OF MOLINA
GARAGE FOR THE PROVISION OF AUTOMOTIVE
TRANSMISSION REPAIR, EXCHANGE AND OVERHAUL
SERVICES, ON AN AS -NEEDED CONTRACT BASIS FOR ONE
YEAR, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, AT A TOTAL PROPOSED ANNUAL AMOUNT
NOT TO EXCEED $50,000, WITH THE OPTION TO RENEW FOR
THREE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM THE BUDGET OF THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, LIGHT FLEET
DIVISION, ACCOUNT CODE NO. 503001.420905.6.670, SUBJECT TO
AVAILABILITY OF FUNDS.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
69 10/12/00
i
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
70 10/12/00
21. APPROVE PROCUREMENT OF TELECOMMUNICATIONS EQUIPMENT, SOFTWARE
AND INSTALLATION AND OTHER RELA' ED SERVICES FOR FIRE COLLEGE, INCLUDING
CITY EMERGENCY OPERATIONS CENTER AND VARIOUS OTHER CITY FACILITIES, FROM
AVAYA COMMUNICATION AWARDED UNDER STATE OF FLORIDA CONTRACT NO. 730-650-
99-1, AND FROM BELLSOUTH COMMUNICATIONS SYSTEMS, L.L.C., AWARDED UNDER
BROWARD COUNTY TELEPHONE SYSTEM MASTER MAINTENANCE AGREEMENT, RLI NO.
060597 -RB; $500,000; ALLOCATING FUNDS FROM DEPARTMENT OF FIRE -RESCUE CAPITAL
IMPROVEMENT PROJECTS; E-911 OPERATING BUDGET, AND WITH PRIOR BUDGETARY
APPROVAL, OPERATING BUDGETS OR CAPITAL IMPROVEMENT PROJECTS OF VARIOUS
OTHER CITY DEPARTMENTS.
Vice Chairman Gort: Item 20. A resolution of procurement of telecommunications equipment.
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion?
Commissioner Regalado: Question. Did the Fire College was flooded?
Carlos Gimenez (City Manager): I don't believe so. The Fire College is probably one of the highest
locations in the whole City.
Commissioner Regalado: That's what I'm -- that's what I understood, but I just want to make sure,
because the emergency center is going to be on the second floor or the first floor?
Mr. Gimenez: The emergency center will be actually on the third floor. It's about the same level as that
hill that -- as you go up to the Fire College, there's a hill there. It's about the same level. So it's going to
be really -- it's going to be way up there.
Vice Chairman Gort: There is a hill? Oh. OK. I never noticed it.
Commissioner Winton: Hills are hard to notice in this town.
Mr. Gimenez: A "Miami hill," but a hill.
Vice Chairman Gort: It's like we had record cold temperature, 79 degrees. I mean, when I tell my people
in New York about that, they laugh. OK. All in favor --
Mr. Gimenez: It's all relative.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
71 10/12/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-890
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF TELECOMMUNICATIONS EQUIPMENT
AND SOFTWARE AND RELATED INSTALLATION AND SERVICES
FOR THE FIRE COLLEGE, THE EMERGENCY OPERATIONS
CENTER ("EOC"), AND VARIOUS CITY FACILITIES, FROM
AVAYA COMMUNICATION (FORMERLY LUCENT
TECHNOLOGIES, INC.), UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 730-650-99-1, EFFECTIVE THROUGH FEBRUARY
16, 2004, AND ANY EXTENSIONS THERETO, AND FROM
BELLSOUTH COMMUNICATIONS SYSTEMS, L.L.C., UNDER
EXISTING BROWARD COUNTY TELEPHONE SYSTEM MASTER
MAINTENANCE AGREEMENT, RLI NO. 0605970 -RB, EFFECTIVE
THROUGH FEBRUARY 16, 2005, AND ANY EXTENSIONS
THERETO, IN A TOTAL AMOUNT NOT TO EXCEED $500,000;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NOS. 313238 AND 313303, THE E-911
OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.670,
AND FROM THE APPROPRIATED CAPITAL IMPROVEMENT
PROJECTS AND OPERATING BUDGETS OF THE VARIOUS USER
DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL.
(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
Vice Chairman Gort: See, that's the type of publicity we have to send out. We had record cold weather,
79 degrees.
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22. TABLED: PROPOSED "CITY OF MIAMI FIVE-YEAR PLAN FOR FISCAL YEARS 2001
THROUGH AND INCLUDING FISCAL YEAR 2005" (See #27 and #31).
Vice Chairman Gort: Twenty-one. Proposed --
Commissioner Teele: Mr: Chairman, could we take this up this afternoon? I would like to' understand the
issues relating to the capital general obligation. It's not clear to me where we are now and what we're
doing. And also, I would like to have a thorough understanding of how we're going to aggressively
include going after these undervalued properties in the downtown, and Park West, and other areas, Omni
and other areas of our community which we've mandated three years in a row be a part of our five-year
plan. We went out and hired all these consultants and all of that. And I'd really like to have a full
understanding as to what those consultants are doing. We --
Commissioner Winton: Commissioner Teele.
Commissioner Teele: Yes, sir.
Commissioner Winton: Along those same lines, I was talking to a downtown property owner yesterday,
and I promised that I would not use his name publicly. But he told me that their property taxes have gone
down the last three years in a row, and he hasn't appealed his taxes at all.
Commissioner Teele: Absolutely. I mean, it's a fraud what's going on. And we've gone through this.
The Management, you know, the previous Management hassled with us and fought with us. We tried to
get a consultant. They brought in a consultant. The consultant, when I read the scope of work, was
nothing related to what the motion that I made on what we wanted the people to do. And I really do
believe -- and Commissioner Gort, this affects the DDA (Downtown Development Authority) as much as
it affects anybody in the City. We are leaving money on the table all over this place by pandering to the
lobbyists, and the lawyers and the special interests in this City who don't want to pay the fair taxes. I met
with a guy yesterday who just sold his land for three, four times what he paid for it. And I said -- and he
wanted to know, "Well, what do you think is going to happen with the rest of it?" I said, "Well, I tell you
one thing. The one thing I think is that we ought to be assessing your property at what you just got paid
for it." And, "Oh, that's not what I'm talking about." But --
Commissioner Winton: Yeah, well, that's exactly what ought to happen. Then we wouldn't have to have
all these stupid other fees that we charge everybody.
Commissioner Teele: That's the point. And, you know, we hired these consultants that were supposed to
come in here and do just like the City of Hialeah does. When there is an appraisal, they are down there
with that appraisal office. They go to the Value Adjustment Boards. They were supposed to have created
a system of challenging these value adjustments. The contract -- whoever the devil we hired had nothing
to do with what I asked be done. So I really want to know, because that was going to be an integral part of
our five-year plan two years ago. And it's not in here. So, I mean, I really want to understand, ma'am.
Vice Chairman Gort: We'll bring it back in the afternoon.
73 10/12/00
Commissioner Teele: And I mean, I'm available over lunch to meet, so that we can understand this. But I
really want to understand. And I want to know who that contractor is, and how many Value Adjustment
Board hearings they've gone to, and how many letters have they sent to the County Appraiser saying, "We
want to have a re-evaluation of these properties." It's_ not fair.
Lori Billberry (Director, Asset Management): I'll be happy to meet with you and go through that with
you.
Commissioner Teele: When the One Miami Center -- was it One Miami Center? -- was sold about three
years ago, and they sold it for like three times what it was on the tax rolls for. And that's when we started
this thing. We said, "We want to go out here and look at this thing." I mean, that's where the -- is that
where the Hyatt -- I mean the Intercontinental and all of that? And some group, Crescent or somebody
came in and bought --
Commissioner Winton: Well, the lots are the One Miami Project. But all of the buildings --
Commissioner Teele: No, next to it. The building.
Commissioner Winton: All of those buildings downtown have changed hands. Crescent bought one, and
Shorenstein bought one and --
Commissioner Teele: Crescent bought one, and it was -- it was three times, as I recall what it was on the
tax rolls for.
Vice Chairman Gort: A question on the five-year plan. My understanding is we put this five-year plan
together at the request of the Oversight Board.
Carlos Gimenez (City Manager): Yes, sir.
Vice Chairman Gort: OK. Now, my question is we're maintaining -- and like we do in business, you
have your five-year plan. You look at it every year, and you make the changes according to how it went.
Are we doing this, or are we creating a brand new five-year plan every year?
Mr. Gimenez: We are -- well, basically, the five-year plan is going to come before you -- that is before
you is basically a -- you know, a cleanup of the five-year plan that we've had. I'm frankly not happy with
it, and the Budget Director, you know, when she makes her presentation on it, we'll make some comments
at the end as to what we really intend to do with a real five-year plan.
Vice Chairman Gort: OK. My question is: When the five-year plan was put together originally, it was
going to be from '96 to 2001. Now, we're going beyond 2001.
Commissioner Sanchez: 2001 to 2005.
Mr. Gimenez: We're going all the way, I believe, to 2005.
Vice Chairman Gort: 2005, OK. So this is a ten-year plan that we've taken to the Oversight Board then.
74 10/12/00
•
•
Mr. Gimenez: Well, I guess they want to see a five-year plan. I believe this may be -- and I have to check
it. This is the last five-year plan we have to submit to them, or we have one more after this one.
Vice Chairman Gort: My understanding was 2001. Thank you. Any other questions?
Commissioner Teele: This five-year plan goes out to 2006, though.
Vice Chairman Gort: 2006. That's why I'm asking. Originally, our plan that was presented to the
Oversight Board was from '96 to 2001. And that was the first one. But if we keep changing every year --
Commissioner Teele: Yeah, but the agreement that you all agreed on -- I mean, we, the Commission, in
'96 -- we agreed that we would provide an updated five-year plan each year. So the --
Commissioner Sanchez: Every year as far as the update.
Vice Chairman Gort: The update is to make sure that the five-year plan that we put together, that we
follow it and we comply with it, and if we did not comply with it, what changes did we make to that plan.
OK? Thank you.
75 10/12/00
23. DEFERRED: CONSIDERATION OF PROPOSED LEASE AGREEMENT WITH ORIELLI
TROIA, TRUSTEE OF REVOCABLE TRUST, FOR LEASING OF PROPERTY LOCATED AT 779
WEST FLAGLER STREET, TO BE UTILIZED BY OFFICE OF HOMELESS PROGRAMS FOR
OFFICE SPACE, ETC.
Vice Chairman Gort: Twenty-two. Lease agreement between the City of Miami and the -- the Trust.
Yes. This is for the homeless site on Flagler Street.
Carlos Gimenez (City Manager): Yes, sir.
Vice Chairman Gort: 779 West Flagler. Item 22.
Lori Billberry: Lori Billberry, Director of Asset Management. This item was deferred from the last
meeting at the request of the Commission. They wanted to understand the implications of some of the
operations at this office, and a response has been provided to the Commission.
Commissioner Regalado: Excuse me. The information is a memo that you sent? Is that the information?
Saying that people are going to be processed, but will not stay overnight. That's --
Commissioner Sanchez: No. If you would yield for me, Commissioner Regalado.
Commissioner Regalado: No. I'm just asking, because Lori said that you provided information. That's
the information. I got one memo.
Mr. Gimenez: Yes, that's the information.
Commissioner Regalado: That's the only information.
Mr. Gimenez: Yes, sir.
Commissioner Regalado: OK.
Commissioner Winton: I'm sorry, I hate to repeat anything, but what was your question again?
Commissioner Regalado: My question was that she said that they had responded to the questions that the
Commission had in the last meeting. And I referred -- I remembered that yesterday or the day before, I
got one memo from the Manager on this issue. I was asking if that is all the information. And the
Manager says yes, a short memo. That's all the information we got -- I got.
Commissioner Winton: Livia, when we -- your original office was by the old arena; is that correct?
Livia Garcia (Director, Miami Homeless Programs): Yes, sir. Livia Garcia, Miami Homeless Programs.
It was at 800 Northeast One Avenue.
Commissioner Winton: And what functions did you provide at that facility?
76 10/12/00
Ms. Garcia: Outreach assessment and referral services to homeless individuals.
Commissioner Winton: So homeless individuals came into the facility. You did whatever counseling you
needed to do, and then you could appropriately place them wherever they needed to go?
Ms. Garcia: Yes, sir.
Commissioner Winton: Now, you're moving to a new location.
Ms. Garcia: Yes, sir.
Commissioner Winton: And are you going to still be doing the same functions in the new location as you
were in the old location?
Ms. Garcia: Yes, sir.
Commissioner Winton: OK.
Commissioner Sanchez: No. Johnny, let me tell you. When this came about - and I know that the
administration was probably in a situation where they had to find a located site. And they went out and
they looked at several areas to find an office to continue this program, which is a great program. I have
nothing against the program itself. But they found a location in my district. And to a Commissioner, it is
very offensive when you get calls to your office by constituents that are calling saying, hey, they just
opened up an office for the homeless program, you know, in my neighborhood. Now, when that happened
and this came about, I contacted the City Manager, who we met at the site to discuss what we could do
about this. The lack of information to me, as a Commissioner -- and I understand the situation he was, in.
He was just coming into a new administration. He had to find a place -- put us in an awkward situation.
But it isn't fair to the neighbors or anyone. And I know that no one wants this in their back yard, and
you're going to have opposition anywhere you put it. But once you don't have representation, or you
don't have public hearings when you present this, you're going to create chaos. And not only do you
create chaos in that area, but it all boils down at City Hall. So when I was contacted and we spoke -- and
this had been approved by the Oversight Board, we were ratifying it -- the concern was that we didn't
have any input from the neighbors. We have a Homeless Assistance Center, which is nationally
recognized as a model program in our community. They are willing to process them there, and that's what
they do. They have one in downtown, and they have one down south. OK? When we came about and we
sat down and we spoke, we came to an agreement that in the process, the City administration would leave
that office there to continue to provide some of the services, and they would work with the Homeless
Assistance Center to provide the other service, which was the service that you had said that they're going
to do in this area, which we did not agree with that. Now, I am willing to work with the administration,
and I think that the Administration is willing to work with me, as the Commissioner of that area. But --
Ms. Garcia: Commissioner?
Commissioner Sanchez: Yes.
77 10/12/00
Ms. Garcia: May I clarify? I misunderstood. I thought that Commissioner Winton said, "You are going
to move."
Commissioner Sanchez: Oh. OK. Well, I just wanted --
Ms. Garcia: All right.
Mr. Gimenez: If I could clarify this whole thing. We -- in the memo, it says that we don't believe that the
current site that they're at -- in other words, the new site that they're at -- really works very well. So
we're going to be looking at other alternatives. And I'd like to discuss that with you all in private, what
those alternatives are. But right now, the reason that this happened to happen at that time is that she was
located basically where the NAP (Network Access Point) is going up. And so she had to go. I mean, in
order for us to get the NAP going up, she had to move, and it had to be done really quickly. That location
was chosen because it was available, et cetera. We got her over there. We understand now it really is not
working all that well. We need to look for a new location for that program. And again, I will be
discussing with each one of you, you know, what we plan to do. This is basically a ratification of the
rental agreement that we have there. We may have other services that are going to move into that.
Commissioner Teele: Like what?
Mr. Gimenez: Like the NET (Neighborhood Enhancement Team) Office that's -- East Little Havana NET
Office may be going in there, and maybe a portion of CD (Community Development) may be going in
there. And like I said, where she goes, I need to discuss that with you all and get a direction. We have an
idea of where it could go, and I'd like to discuss that with you all.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I'm going to issue a very strong word of caution. The politics of homeless is a
very, very fragile politics. And if the management is making statements on radio and TV in response to
public pressures -- I mean, we don't need six politicians up here, now that the Mayor is not here. We need
five. Same thing I said to the previous Manager. I expect the management to be professional, and to give
this Commission and this City professional advice. The minute the management starts tilting and playing
politics, clear politics -- and I will tell you this: The notion that the Manager went out and made
statements on radio and television regarding this particular location, and making a commitment is very,
very troubling, if true. But I will tell you this: If we've rented a space, if we've rented a space for a
homeless center, and now we're talking about moving the NET in there, and now we're talking about
moving Community Development in there, this is shades of the old Miami. And I can remember years
ago, when we had all these different office spaces, because somebody didn't like this, and somebody
didn't like that, and the next thing, we go into these rental deals, and then we start justifying them. If
we've made a bad deal on the rent, then let's just cancel the rent and let's be out of that, and let's look at
something else. But if we are going to start justifying bad decisions with worse decisions, I'm going to
tell you, this is a slippery slope. This is a very, very slippery slope. Now, it doesn't (inaudible) the fact
that this City determined a location to be where the homeless should be processed. I fully agree with my
colleague, Commissioner Sanchez, that any time you involve homeless and other less desirable elements
78 10/12/00
that relate to neighborhoods, that negatively impact neighborhoods, the public should be informed, the
Commissioners should be informed, there should be a public hearing. But if there is going to be a political
decision, let it be with the Mayor and the Commission. Let it not be with the Manager, the Assistant
Managers and Department heads. And I will tell you right here and right now, if you're going to start
moving a homeless facility from one location to another location, because it's not popular in that district, I
got some news for you. Locating the HAC (Homeless Assistance Center) wasn't popular. And I'll tell
you something else. Somebody better ask the lawyers whether or not you can do that, because I'll tell you
one thing, we, this Commission, long before I was here, limited, and specified, and enumerated, to the
exclusion of all other uses what could go on in that HAC Center. Now, ducking this issue into the HAC
Center is making it very, very difficult for the HAC Center's vision and their agenda, because now, what
we're talking about now is moving something that a neighborhood doesn't want that really isn't that
intrusive into another community that already is burdened with this. And in that community, they want to
increase the number of beds already. So they're sitting around trying to come up with a policy to
approach the Commission on how they can change the various conditions. What were those conditions
called, Madam Attorney, that were placed on the HAC Center? Not just the number of beds, but the
activities that could go on, how many guards would be there, et cetera. Was this one of the activities that
was enumerated? And it was like 11 specific conditions, some of which, in my judgment, don't make a
lot of sense. Some of them should be revisited. But let me tell you, this becomes very cumulative. The
politics of homeless doesn't go away. And to .all of those people who keep saying that we've done a great
job with the homeless, we have not dealt with the problem. If you're a business owner in Park West, or a
business owner in Overtown, or a business owner downtown, it is one of the biggest problems that you're
going to hear about, I think, when you start talking about the downtown issue. And we need to spread this
goodness around in all five districts. OK? It doesn't need to be one or two districts are immune from this.
And so we need -- we're dealing with a very -- this is the most serious issue, not as it relates to this
facility, but the politics of homeless is a very serious issue. I have been burnt two or three times on this
issue. We've got a major problem with the Camillus House, OK? I can't see anybody volunteering to put
it in their district. But I will tell you one thing. If we don't figure out some better solutions, we're going
to continue to just define the problem. And so I'm asking the management to have a strong backbone on
these issues, and not to put staff -- This is a very fine lady. She's frustrated. She is trying -- what's your
name, ma'am?
Ms. Garcia: Livia Garcia.
Commissioner Teele: When Ms. Garcia talked to me, I asked the hard question. And then she says,
"Well, I've got to talk to the Manager. I don't know." Well, I'm asking for your answer. What's your
view on this? You know, and then she doesn't want to say the wrong thing. And this person is -- and I'm
going to tell you something. This is not the way we want to start moving this government. We want to
keep it open. We want to keep it honest. We don't want to have strong -handedness, because a bad
decision is made much worse by trying to cover it up, and clean it up, and make it look-- you know, if we
made a decision, a bad decision on the rent here, let's just say we want to cancel it. But let's don't start
talking about put the NET there, because if you start putting the NET there, then I'm going to want to start
talking about the way the NET offices have not been treated in the district that I represent; So you're
bumping this issue into another problem, because we didn't want to pay money for the NET. We still
don't have parking, and money for the parking in Little Haiti. So once you start moving these issues
around, it affects a lot more than what you're dealing with, Mr. Manager. So I'm not criticizing you. I'm
only saying this is a very strong word of caution. The politics of homeless is something that the best thing
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that every employee of the City can do is give us your professional judgment and let the politics rest
where it is. And to anyone who is being asked, you know, to not be candid with me -- and I'm not
accusing you of not being candid, but I am saying you obviously did not want to discuss these issues in
detail when I tried to discuss them with you. It makes me very uncomfortable.
Commissioner Winton: Mr. Chairman. Commissioner Sanchez, you said that it was -- I forget your exact
terms, but something like troublesome, or offensive or whatever to have to field the calls from your
constituents talking about this homeless issue.
Commissioner Sanchez: No. It's having a phone call, telling you what's going on in your district.
Commissioner Winton: Oh, I see. OK.
Commissioner Sanchez: And getting calls, you know. I was caught by surprise on the issue.
Commissioner Winton: That you didn't know about. Got it. OK, I understand. So a different point. I
want to show you all a map that I got from the County. You talk about showing a picture, this is a map of
the City. And all of these little "Packman" marks all over this thing; those are all homeless facilities,
Countywide. This is a map of the County -- I'm sorry -- not a map of the City. This is a map of the
County.
Commissioner Teele: But it's all in the City.
Commissioner Winton: And it's all in the City of. Miami. The lion's share of it is in Commissioner
Teele's and Commissioner Winton's district. But there is some in each of your districts, as well. But
.there is --
Commissioner Teele: How much on Miami Beach and how much in Hialeah?
Commissioner Winton: Actually, a little bit is growing on Miami Beach. I think Miami Beach, frankly --
and I've got to give them some credit -- they've begun to address the homeless issue. They've begun to
address the issue of homeless -- police dumping the homeless in our community, which happens. The
homeless issue is a huge issue. You all have been reading about it in the newspaper, because we've been
working to bring -- to systematize the street feeding that's going on, much of which is carried out by
churches that are from the County. And you're always curious as to why the churches from the County
aren't adopting some of the homeless, and taking them to their churches, and really making them non-
homeless. But it's a big issue for us, and there are some major, major problems. But I wanted to just
point out that the lion's share of the facilities Countywide are in the City of Miami. And we all, each five
of us and the Mayor have a lot of work to do to begin to get a handle on the homeless problem. The HAC,
which has been terribly successful in our community, and is a model across the country, has not come
close to solving the homeless problem in our community. And the establishment of the new Homeless
Assistance Center in Homestead makes virtually no sense to me, because the homeless population --
there's three things which are -- a number of things which are driving the homeless population here. We
have the -- the Criminal Justice System is right here in -- whose district is that in? Willy, is that in your
district? So any petty criminal at all -- could be a vagrant, could be anything that gets arrested. They
could be arrested in Florida City. They could be arrested in Coral Gables. They could be arrested in
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Aventura. They could be arrested in Hialeah. All of those people are processed downtown. The County \�
set up a process a couple of years ago to process people in satellite facilities. The homeless population in
the downtown area dropped significantly. But the County then started getting heat from their own \
constituents out there, and abruptly closed those satellite facilities. And so all the people are processed
downtown. What happens when they get processed is that they're let out and they don't have
transportation, so they stay downtown. Jackson Memorial Hospital has mental patients that, for whatever
the policy reasons are, are put out of the hospital with no regard to transportation, whatsoever. And
they're left downtown again. We have documented proof of police departments around the County
bringing homeless individuals out of their municipalities, and literally letting them off somewhere near the
HAC, or somewhere near Camillus House, or somewhere near the Miami Rescue Mission, but not at the
door. So we have a huge dumping problem going on in the City of Miami, and in some way or another --
and that's been part of the mission of the public hearings we've been having over this feeding thing.
We're going to have to bring, I think, the major providers of homeless services to the table, some of the
better churches that are doing a good job in the feeding. We need to get the ACLU (American Civil
Liberties Union) to the table with us, and we've got to begin to craft a better Countywide policy to deal
with homeless, or the City of Miami is going to be stuck in this rut, and is going to suffer the
consequences of bad Countywide public policy for years to come.
Mr. Gimenez: Mr. Chairman.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Johnny, if I may, if I may. First of all, you know, it wasn't like years ago, when
a lot of people decided to put their heads in the sand and think that the problem would go away. I think
that the Homeless Assistance Center and the outstanding job that Ms. Garcia has done -- and she has
assisted a lot of people in our community -- you know, there are things that we could do as a City which
fall under the quality of life issues, which I will discuss later on in one of my Commissioner's items. But
we're doing it right now. We're finding ways to restrict feedings that you, Commissioner Winton, and the
City Manager have basically touched on that issue, where you don't have 12 sites to feed. You have two,
or, you know, there's more control over that. There are things that we could address, such as the 11
restrictions that are on the HAC Center right now. You're right. People in Homestead and through South
Florida -- South Dade, I'm sorry -- when they get arrested and either, one, they're taking to the County
Jail, or they're either taken to the crisis center at Jackson. If they stay here and then they get into the
homeless center, Homeless Assistance Center in downtown, they can't lateral back down. That's one of
the restrictions that came about. These are things that I think that some of the restrictions -- and I've
looked at them -- some, I'm in favor. And when it comes up here, we'll be able to modify it in a way
where it helps us in the process. But the process itself is there. And the thing that I'm saying, you know, I
could support this, because we came to an agreement, and I think it's in the language where the processing
will be done at the Homeless Assistance Center, and the area -- and the located rental office, it will be
used for space for warehouse and other such related functions. But it's in the language that the process
will be done at the Homeless Assistance Center. But these are things, Johnny that we could do and we're
in the process of doing them. It's a very sensitive issue. Commissioner Teele is absolutely right. It's an
issue that not only are we facing, many cities throughout the United States are facing this problem. But
we're in a step in the right direction. We've done, I think, a good job in reducing homeless in our City.
Mr. Gimenez: Mr. Chairman.
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Vice Chairman Gort: Commissioner Regalado, let me hear this.
Commissioner Regalado: Just a brief question. Mr. Manager, do we have a lease with the people that
own the East Little Havana house where the NET Office is now?
Mr. Gimenez: Yes. From my understanding, it's up next June?
Ms. Billberry: Correct.
Mr. Gimenez: Mr. Chairman, if I could.
Commissioner Regalado: So this is when --
Mr. Gimenez: I'd like to continue this --
Commissioner Regalado: Excuse me. This is when you plan to move? When the lease. expires on the
East Little Havana NET Office, you plan to move that NET Office to that site?
Mr. Gimenez: We've got some further information. I'd like to continue this -- defer this item and have
some conversations with you all.
Commissioner Regalado: No, because that's what you said.
Mr. Gimenez: I've got some other information. We may not have to do that. So I think there's another --
there could be another way --
Commissioner Teele: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: OK. Gentlemen, let me make a --
Commissioner Teele: He's asking that the item be deferred, and he wants to talk to each of us
individually.
Commissioner Sanchez: OK.
Vice Chairman Gort: Gentlemen, let me --
Commissioner Sanchez: All in favor?
Vice Chairman Gort: Aye.
Commissioner Sanchez: Aye.
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The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-891
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 22
(PROPOSED AGREEMENT WITH ORIELLI TROIA FOR LEASING
OF PROPERTY AT 779 WEST FLAGLER STREET TO BE USED BY
OFFICE OF HOMELESS PROGRAMS).
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
Vice Chairman Gort: Let me tell you all something. I've been involved in this since 1970 something, and
Livia has been involved since when I was with the Downtown Miami Business Association. At that time,
the problem was only in downtown Miami. That problem has spread. We, the City I think has come a
long way in creating a program. If you all recall, we were ordered by the -- because we were sued by the
federal government -- that we couldn't do anything. We finally came to an agreement through arbitration,
and we do have a program. And I think our program should be adopted by the County and other cities. in
the status of the same programs that we have. Now, what is important to understand, there is plenty of
beds in the south home, from my understanding. The problem that we have is because we placed a
restriction that no one from any other city could come to the HAC; Commissioner Moss made a motion
that no one from outside of the City could go south. So this is the thing that we need to -- and I think we
can talk to -- and we can have the facility in the south if we come to an agreement and lift some of the
restrictions that we have today. So I think it's very important, Mr. Manager, when you come back to us
that we get the whole plan together. At the same time, we need to continue to provide transportation and
to do whatever is possible for those people that are arrested outside the City of Miami to go back to where
they were arrested.
Mr. Gimenez: I've spoken to the Police Chief about the possibility of that, and we will look at that to see
if we can do that, provide free transportation back to wherever it is they came from.
Vice Chairman Gort: Thank you, sir. Mr. Cruz.
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Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'm going to speak on this issue based on
being arrested, in fact, by homeless. And I talked -- I am surrounded by homeless within the City limits
and in the Allapattah neighborhood, specifically. I can name Beacon Hall, 2735 Northwest 10th Avenue;
Camillus House (inaudible) 2136 Northwest 8th Avenue; Better Way, 800 Northwest 28th Street; New
Horizons, 14th Avenue and 36th Street; Dade County Human Resources, 22 and 26th; and they are there in
Jackson Hospital, VA (Veterans Administration) Hospital, all the different -- no, there is Jackson Institute,
the different prisons there. Of all these other facilities, the only one that provides transportation is the VA
Hospital, the only one that take care of its people, and send them wherever they have to go with vouchers,
and they got people there to do that specifically. But not Jackson, not nothing. And you know, when
those people are loose, they say (inaudible) downtown. It's in Allapattah, because the main City -- I mean
the main County Jail is in Allapattah. When the people of the Jackson Institute come out, they come in
Allapattah, yeah. And they always told me that the County was responsible for the social services
Countywide. And, you know, they don't take care of that. But why the City should be involved in this?
We don't have that amount of resources that we should have. The County.
Commissioner Winton: So Mariano, why aren't you at County Commission meetings talking to them?
Mr. Cruz: I talk about that, too. I talk about that, too. At the budget hearings, too, specifically.
Commissioner Winton: You need to go to the County Commission meeting, also. You're preaching to
the choir here.
Mr. Cruz: Right, I know, I'm preaching to the choir. OK. But one thing.
Commissioner Teele: But this is on the motion to defer?
Mr. Cruz: On whatever you want --
Vice Chairman G6rt: He wants to discuss the item.
Mr. Cruz: No, because they were mentioning downtown. And.actually, in a way, most of the homeless in
Allapattah.
Commissioner Winton: Well, that's not correct.
Vice Chairman Gort: No. Commissioner Winton mentioned that it was in Allapattah, also.
Mr. Cruz: Right. OK.
Vice Chairman Gort: Commissioner Winton mentioned it was in Allapattah, also.
Mr. Cruz: And that start happening after the Bobby Maduro Stadium was used --
Vice Chairman Gort: And you know we've been working very had in trying to clean the area there.
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Commissioner Teele: And the Camillus House --
Mr. Cruz: But you know it's not a problem with the City. It's a national problem.
Commissioner Teele: I remember again, you know, this Commission was ready to move the Camillus
House, and, you know, you hear the kinds of discussions now. I mean there was this -- you know, near
the hospitals, near Jackson, near the VA. A perfect location, one of many for the Camillus House is in
that area. But nobody wants it. I mean, you know, if we talk about putting the Camillus House, you
know, there's going to be a big demonstration down here. So, I mean, I think -- you know, the point that
we keep saying is this is a very, very sensitive issue, and we need to approach this, I think, in a very, very
professional and comprehensive manner. But the situation reoccurs, as Commissioner Winton continues
to say, and that is, we really need to get a better handle on what we're doing here, and we need a plan.
And we need a plan to come from the management, but if that plan is going to be tilted, we're going to
have a problem.
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24. DEFER CONSIDERATION OF PROPOSED CONTINUED ENGAGEMENT OF LAW FIRM
OF SALE AND KUEHNE AND LAW FIRM OF AKERMAN, SENTERFITT IN MATTER OF
DONALD H. WARSHAW v. JOE CAROLLO, CASE NO. 00 -11244 -CA -05; CONTINUE
DISCUSSION REGARDING LITIGATION STRATEGY TO AN EXECUTIVE SESSION
REQUESTED BY CITY ATTORNEY TO BE HELD ON NOVEMBER 16, 2000 AT 9 A.M.
Commissioner Teele: Mr. Chairman, I know it's time for lunch, but I do want to know one thing. What
are we doing on all of these legal fees?
Vice Chairman Gort: We have a couple more items. I think we only have three or four.
Commissioner Teele: Yeah, he left. OK. Could I ask the Attorney what -- is that the next item?
Vice Chairman Gort: Item 23, yes.
Commissioner Teele: What's our strategy? What are we doing now? Have we reached an agreement
with Mr. Warshaw and can --
Alejandro Vilarello (City Attorney): No. And as it's been reported to me by the firm representing the
City, there was an offer of judgment extended quite some time ago, as directed by the City Commission at
severance, less the amount of dollars that the City had expended in attorney's fees. They did not accept
that amount, and they tendered, I believe, a different offer of judgment, which was the severance package
plus twenty-five thousand dollars ($25,000) worth of attorney's fees, which has likewise not been
accepted, and apparently, not recommended to the Commission by your special counsel. That's the status
of it right now.
Commissioner Teele: Well, you know what? I'm going to tell you something. I .don't want to -- you
know, I don't want to be an "I told you so," but I sat as a citizen and watched what happened with those
police chiefs. We wound up paying, you know, and it would be very reflective if you would provide us
with a summary of the litigation regarding those two or three police chiefs, and how much we wound up
paying in attorney's fees, and then at the end of the day, what we round up paying out. Because I'm going
to tell you something. The man is entitled to whatever he is entitled to. OK? We agreed on something. I
know what my intent was when I voted for it. So nobody is going to tell me what my legislative intent
was. We made a deal, and as far as I'm concerned, we ought to live up to our deal, and we ought to put it
on the table. I am not a person who is going to judge anyone's.guilt or innocence. I believe in America. I
believe in the Constitution. I believe that everyone is presumed to be innocent, and should be cloaked in a
garment of innocence until they have been proven guilty. And I think it's well known that I did not agree
with Donald Warshaw on a number of issues, particularly the six politician issue while he was Manager.
But a deal is a deal. I'm not going to be for paying a whole lot of legal fees out and stretching this out,
particularly when a man is confronted with a criminal trial, as we all know. I am not going to want to play
games around here. And I'm not accusing you, Mr. Attorney, or the other counsel, not at all. But I don't
want -- I want to be very clear to you. Whatever the deal was on the severance pay, we should offer it to
him, and give him ten days to accept it or reject it, or some reasonable amount of time, and then we should
agree to just get an agreement from the attorneys not to move this matter, get this thing to just be held in
abeyance. But I don't want to have legal fees going back and forth over the period of time, because we're
going to all look crazy, because whatever he is entitled to, he's entitled to.. And the fact that he may have
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done something or not done something is something that -- I believe he's entitled to a presumption of
innocence. So I want to be very, very clear. And until he has been adjudicated of something else, I think
he's entitled to that presumption.
Mr. Vilarello: Commissioner, if I could just address two issues, quickly. Because of the conflict issue, in
fact, as long as this litigation goes on, my office will not be able to handle it. So you will be incurring
special counsel fees as long as this litigation goes on. With regard to the second issue, if it's the will of
the City Commission to extend an offer of the severance package, you can do that today, and I will
communicate it to counsel.
Commissioner Winton: How much have we spent to date on legal fees, in both -- there's two different
resolutions here. One for --
Mr. Vilarello: Correct. I apologize that the resolution and the cover memo don't specifically identify it.
The first resolution, item 23, was originally fifteen thousand dollars ($15,000). This asks for an additional
five. So that's a total of twenty. The second resolution, which is item 24, was -- the original resolution
was twenty, and this resolution asks for an additional thirty. So a total of seventy thousand dollars
($70,000) in attorney's fees expended to date.
Commissioner Winton: Already expended?
Mr. Vilarello: Yes, sir. And I have to explain to you also that we are only at the preliminary stages of the
litigation. At this point, the only -- the parties have answered the complaint, and that's -- procedurally
we're -- no discovery has been taken.
Commissioner Winton: And the -- if we would have paid Don Warshaw the amount that he claimed he
was owed by the City -- how much was that?
Unidentified Speaker: A hundred sixty-three thousand.
Commissioner Winton: How much?
Commissioner Sanchez: A hundred and sixty-three thousand.
Carlos Gimenez (City Manager): A hundred and sixty-three thousand.
Commissioner Winton: A hundred and sixty-three. So we've already --
Commissioner Teele: But Johnny, that's one question. Let me ask a second question.
Commissioner Winton: Yes.
Commissioner Teele: What was the amount of money that you all were prepared to release if he had
signed the indemnifications that we had asked for?
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• .r
Mr. Vilarello: It was approximately a hundred and sixty-three thousand dollars ($163,000), plus some
additional benefits which were not also covered by -- that were not already covered by the severance
package.
Commissioner Teele: So the amount of money is really not in that much controversy, is it, the one sixty-
three?
Mr. Vilarello: The hundred and sixty-three thousand dollars is pretty much been a fixed amount.
Commissioner Teele: And you know what this is all about? This is about political "CYA" because we all
will be embarrassed if Donald Warshaw is convicted of something, and no one wants to agree to pay out
money for something. But you know what? Whatever he's been accused of did not happen during his
tenure as Manager. And I wasn't here when Donald Warshaw did the things that he -- when Donald
Warshaw's -- the allegations relating to Donald Warshaw have come up. And all I'm here to say is this: I
am a man, a person who believes that a deal should be a deal. And unless he did something wrong during
the watch that. he was here, I don't think, you know -- I'm not prepared to get into all of that, you know.
So I think we ought to pay him what he's entitled to, and not get into these legal fees. And, you know,
and that's the way it ought to be, I think. But it would be very embarrassing. And you can believe this: If
the Commission were to vote to do it, I can assure you that it would be reviewed under the prerogatives of
the Office of the Mayor, and here we go again. So.
Commissioner Winton: What happens if at the end of the day -= and I don't know how much we will
have spent at the end of the day -- but who pays attorney's fees? If Don Warshaw prevails, are we
required to pay, in addition to his retirement settlement or whatever this thing is called, are we required to
pay attorney's fees?
Mr. Vilarello: Not in the severance package, nor the law, as special counsel has explained it to me,
authorize or require the payment of Warshaw's attorney's fees if he is ultimately successful. Likewise,
the severance package or the law does not support our entitlement to attorney's fees in the event that the
City is successful.
Commissioner Winton: So no matter what happens here, we're out today seventy thousand, with no end
in sight, on a hundred and sixty-three thousand dollars ($163,000) settlement. You know, we do have to
look out for the taxpayers' money, no question about it. And frankly, personally, I've been nervous about
paying Don Warshaw any money. I guess I look at it a little differently than you, Commissioner Teele,
because I hated the idea that Cesar Odio got money when he was convicted, or maybe it was before he
was convicted. I don't know. But I look at him -- was it before he was convicted? So I'm not thrilled
about that. But this is a business decision. We're going to take taxpayers' money here, and throw it out
the window. And it's likely to cost us more in taxpayer dollars than it is -- more in taxpayer dollars than it
is in the settlement, number one. And I have another question for you. What is our special counsel saying
the probability, our probability is of winning this battle?
Mr. Vilarello: That issue, Commissioner, is an issue that you should discuss with special counsel, either
in executive session or individually.
Commissioner Winton: OK. I --
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Commissioner Teele: But on the point you're making, there's a very big difference. And it may be
semantics, or a legal distinction, and the public may not understand it, but a common sense difference.
What Cesar Odio was accused of doing, the wrongdoing, he was accused of doing it --
Commissioner Winton: While he was Manager.
Commissioner Teele: -- as the Manager.
Commissioner Winton: Right.
Commissioner Teele: While he was Manager. Donald Warshaw, to my knowledge, retired from the City
of Miami, and the allegations relating to him happened during his period before he retired. We hired him
back, just like Carlos Gimenez. If something, god forbid, were come to light that happened in the Fire
Department, I will tell you right now that I'm not going to want -- I'm not going to let that basically be an
issue that colors my judgment about his performance as Manager. And I mean, you know, you can say,
well, public service is public service, and that's a distinction without a difference. But that's a very real
distinction. And so my position is simply this: There is no real issue in controversy. The attorneys at one
point were prepared --
Commissioner Sanchez: To settle.
Commissioner Teele: -- to order the funds released. The reason the funds were not released had to do
with us asking him or requiring of him to release us and hold us harmless on the hiring, and the firing and
all of that. To be very candid with you, the circumstances of the moment have totally evaporated that
contingency. But let's face it, there was a circumstance at one point where he would have had, arguably,
certain issues, that his firing was done without hearings, or without something, or without dignity, or
without grace or whatever those arguments would be. These new charges certainly provide a tremendous
level of insulation, maybe not legal insulation, but a tremendous amount of insulation against Donald
Warshaw suing the Mayor and the City for his firing. And that was the issue that we shouldn't lose site
of We insisted that he give us a release for his termination. The issue of the underlying agreement,
contractual agreement, has never really been an issue as it relates to the four corners of that agreement.
Mr. Vilarello: Commissioner, Mr. Warshaw did put that issue into the litigation, which created the
conflict, which required my office to step back from it.
Vice Chairman Gort: Let me clarify something, which I think is very important. We received -= we asked
the attorneys to give us an opinion if he was entitled. My understanding, if I recall correctly -- and if I'm
not correct, please correct me -- our attorneys came back telling us that he was entitled to that, to those
funds.
Mr. Gimenez: I requested that opinion of the City Attorney. Before the City Attorney was able to give
me an answer, he then proceeded to sue the City. The City Attorney had to recuse himself.
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Vice Chairman Gort: Well, I'm getting to that. But my understanding is we all agreed that he was
entitled, and we were going to go ahead, and since we -- following the legal opinion, we voted to go ahead
and make the payment.
Mr. Vilarello: Actually, Commissioners, you -- the Commission did not vote with regard to the severance
package. It voted with regard to the additional provisions, which were not contained within the severance
package, and you made a condition of those additional benefits that he provide you a full release. Some
time after that, he, Mr. Warshaw, brought the issue of the separation package and made it part of his
litigation against the City, together with -- as the Manager asked. me to point out, he's raised
whistleblower issues against the City of Miami. So any settlement, of course, would encompass a release
of all issues pending against the City and its officers.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: I understand. But the reason we made a motion or we discussed it and we approved
the motion here to the severance pay less the attorney's fee was because that was brought on by himself, if
you recall.
Commissioner Teele: I do recall that. You're correct.
Vice Chairman Gort: That's one of the reasons why we did that. OK?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I move that this item -- first of all, if we've incurred these costs, we have to pay
them at some point. And you're telling us that we've already incurred these costs, right, Mr. Attorney?
Mr. Vilarello: Yes.
Commissioner Teele: OK. So the issue is not here on that issue. I would move that this matter be
deferred until the next meeting -- the first meeting in November, during which time, the special counsel
will again be instructed to seek a resolution consistent with previous instructions to him, with Mr.
Warshaw. I would so move.
Commissioner Sanchez: Second.
Vice Chairman Gort: There's a motion. Is there a second? Any further discussion?
Mr. Vilarello: Commissioners would you like a special session, executive session at that time?
Commissioner Teele: Well, we could meet --
Vice Chairman Gort: Yes.
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Commissioner Teele: -- say 9 o'clock that morning, the morning of the meeting.
Vice Chairman Gort: Yes.
Mr. Vilarello: So I will request a special session to be set to discuss the matters before the -- between
Warshaw and the City of Miami.
Vice Chairman Gort: OK.
Mr. Vilarello: An executive session at 9 o'clock in the morning.
Commissioner Sanchez: On November.the 9th?
Commissioner Teele: The first meeting in November. November the 16tH
Commissioner Sanchez: I thought we were having a -- oh, the 16th
Commissioner Teele: At 9 a.m.
Commissioner Sanchez: OK.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
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The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-892
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS 23
AND 24 (PROPOSED CONTINUED ENGAGEMENT OF LAW FIRM
OF SALE AND KUEHNE AND LAW FIRM OF AKERMAN,
SENTERFITT IN MATTER OF DONALD H. WARSHA V. JOE
CAROLLO, CASE NO. 00 -11244 -CA -05); FURTHER CONTINUING
DISCUSSION REGARDING LITIGATION STRATEGY TO AN
EXECUTIVE SESSION REQUESTED BY THE CITY ATTORNEY TO
BE HELD ON NOVEMBER 16, 2000 AT 9 A.M.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Regalado
Vice Chairman Gort: Twenty-four.
Commissioner Teele: Mr. Chairman, I want to tell the Attorney that my intent is not to frustrate the
payment of the fees, but at least, I'd like to know, before we pay the fees on this that we have gotten as
much on the settlement issue as we can. Thank you.
Vice Chairman Gort: OK. We should be back at 3:00. Thank you.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:02 P.M. AND
RECONVENED AT 3:12 P.M., WITH ALL MEMBERS, EXCEPTING COMMISSIONER
SANCHEZ, FOUND TO BE PRESENT.
Vice Chairman Gort: I understand we're on item 26. Which department is going to make the presentation
today?
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Carlos Gimenez (City Manager): We have the Homeless Program who is going to make a departmental
presentation. Office of Homeless Programs.
Vice Chairman Gort: OK. Can we get that done?
Mr. Gimenez: Do you want that done now? We will proceed.
Vice Chairman Gort: Let's get that. We'll meet within ten minutes.
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25. DEPARTMENTAL PRESENTATION -- MIAMI HOMELESS ASSISTANCE PROGRAM --
LIVIA GARCIA.
Vice Chairman Gort: Can you get someone to tell them outside that we have only one meeting going on?
Yes, ma'am. Hello? Yes. It's all yours.
Livia Garcia: Good afternoon. My name is Livia Chamberlain -Garcia, and my title is Homeless
Programs Coordinator. I appreciate the opportunity to familiarize you with the Miami Homeless
Assistance Program, or MHAP (Miami Homeless Assistant Program), MHAP. MHAP is riot an office or
a department of the City of Miami, and its workers are not City employees. Rather, this is a program that
was created in 1991 at the request of the property and business owners of downtown Miami. The
Downtown Development Authority provided funding for a pilot project to assist homeless individuals
living in the downtown core, and the Downtown Miami Business Association monitored the project.
Federal grants have funded the program subsequently. Our primary funding sources are the USHUD
(United States Department of Housing and Urban Development) emergency shelter grant through the
City's Department of Community Development, a US (United States) Super Nova grant through the
Miami -Dade County Homeless Trust, and a recently acquired CBO (Community Based Organization)
grant through the Miami -Dade Department of Human Services. And at the present time, we receive no
local or sate funding. In eight years, this program has expanded from a one-person operation working out
of a car to a staff of 25, comprised of primarily formerly homeless men and women. In 1999, we made
3,603 placements of individuals and families into programs that help the homeless. Our mission is
twofold: To provide outreach assessment and placement to homeless individuals and families in a caring
and professional manner, and to employ and train formerly homeless persons. Our goals are to identify
and engage homeless individuals, and place them into appropriate housing whenever possible, and to
significantly reduce the number of homeless individuals and families in the City of Miami. The third goal
is to facilitate employability and life management skills, and to provide a work history for our employees.
The common challenges faced by many homeless people are substance abuse, mental illness, inability to
find affordable housing, and the lack of employability skills. In addition, homeless individuals are
attracted to the City of Miami for the following reasons: Continuous immigration, warm weather
conditions throughout the winter months, three of the five major emergency shelters are located in the
City, and one of the two remaining is across the street from the City limits. And 60 percent of the
transitional facilities, which include mental and substance abuse programs are located in the City of
Miami. Jackson Memorial Hospital, which provides health care and indigents, is in the City. And the
County's major correctional facility is located in the City of Miami, also. The Pottinger settlement, which
was announced via the Internet through providers throughout the nation, is one of the major attractions to
the City of Miami, as homeless people know that if they violate certain misdemeanors, they will be
offered shelter. Since October of 1998, 1,623 persons have been referred to shelters by the Miami Police
and the Miami Homeless Assistance Program. The settlement was for one point five million dollars ($1.5
million). Nine hundred thousand dollars ($900,000) was the payment to the ACLU (American Civil
Liberties Union) attorneys. And they were 265 claimants that received one thousand, five hundred dollars
($1,500) each. That left an amount of two hundred and two thousand dollars ($202,000) that we have --
are utilizing to place formerly homeless persons in permanent housing. The Miami Homeless Assistance
Program was specifically designed to meet the needs of the homeless population in Miami. And cities
throughout the nation have duplicated our innovative approach of hiring formerly homeless persons. We
recently met with representatives of Miami Beach who have requested assistance in establishing an
outreach program. The MHAP has received 18 awards from local and national agencies. Some of our
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most recent accomplishments include: We helped settle the Pottinger lawsuit after ten years of litigation;
conducted projects with the NET (Neighborhood Enhancement Team) and the Police Department, and this
includes site cleanups, encampment closures, and the processing of Pottinger referrals and other persons
displaced by building condemnations. We provide statistical data for the U.S. Conference of Mayors
every year for their report. on hunger and . homelessness. We assist in the development of the
administrative policy to organize street feeders in the downtown area, and provide technical assistance to
the Miami -Dade County Homeless Trust for the development of a Countywide homeless tracking system.
In 1999, MHAP placed the following into Dade County's continuum of care system of services for the
homeless. 2,347 males, 720 females, 44 intact families, 188 single -parent families, and of those, 536 were
minors. I would like now to show you some of the encampments that we have closed. This is Biscayne
Boulevard and 12th Street. It was our first office. If you see in the background, there's a trailer. On 37th
Avenue close to Dixie Highway, this was closed June 1996; Metrorail on Dixie Highway and 37th
Avenue; again, underneath the Metrorail at 26th Road; Culmer Metrorail Station in Allapattah; Federal
Highway and 50th Street in Wynwood; Northeast 4th Court and 74th Street in Little Haiti; Northwest 14th
Street and 2"d Avenue in Overtown; Lummus Park, this was closed in 1992. That's Lummus Park, and
that's Lummus Park; the (inaudible) 1993. Encampments that have been closed, sir. And this is Watson
Island, in 1994, and these are some downtown sites. That is a box where a man called Mr. Simpson lived
in 1990. That's a parking lot in downtown. That is the side of Flagler Bridge on 7th Avenue and 5th
Street. This is a site very close to the City Administration Office on Southwest 3rd Street and 1St Avenue
by the river. This is a man that lived in a tree. Keep going. That's a hammock. That's his encampment,
and you're going to see him in the hammock now.
Vice Chairman Gort: He didn't walk in his sleep, did he?
Ms. Garcia: That is Bicentennial Park by the cafe area. Outreach is still going at Bicentennial Park. But
in 1994, it looked like this. That is the old port bridge. That is what we call the old FEC (Florida East
Coast) property, the water inlet at Bicentennial Park. That is Lot 15, almost across from the Miami
Riverside Center. Lot 16, Lot 17 where we parked today, and this is a view by the Miami Herald of Lot
16, across from the City Manager's Office. I want to thank you for the opportunity to tell you about the
Miami Homeless Assistance Program, and I would like to -- at this time, I would be very happy to answer
any questions.
Note for the Record: Commissioner Sanchez entered the chamber at 3:14 p.m.
Vice Chairman Gort: Let me ask you a question. My understanding is, in the Pottinger settlement, you
say it settled 22 cases?
Ms. Garcia: No.
Vice Chairman Gort: How many?
Ms. Garcia: Two hundred and sixty-four claimants under --
Vice Chairman Gort: Two hundred and sixty-four claimants. They're all approved? Because my
understanding is they had to go through a procedure and that could be challenged, and then it was going to
go in front of a mediator.
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Ms. Garcia: There were checks cut for 264 claimants. There are about 42 that have yet to claim their
checks.
Vice Chairman Gort: OK. Thank you.
Commissioner Regalado: Question. Livia, there is a case, Coral Way, back in an alley between 22nd and
23`d Avenue. There is this guy who continues to be there. And apparently, there is an attorney's office
that pays him or gives him some money. But he keeps there, and I'm told by the administration that they
cannot do anything about it. What, if anything can we do? Because he's still living there. The police
have been there many times. But I don't know what is the problem.
Ms. Garcia: Commissioner, if the owner of the property allows the person to stay there, the person is not
trespassing, and there's nothing we can do. We can offer assistance, but if the person refuses, there's
nothing we can do.
Commissioner Regalado: But the thing is that he moves around. And he harasses people, neighbors,
residents in the back of the alley, the ones that live on 21St Terrace.
Ms. Garcia: I'll be happy to follow up on that.
Commissioner Regalado: And he -- I mean, if he stays on that property and he doesn't do anything,
people won't complain. But he moves around, starts shouting, he throws rocks to the other houses. He
moves around throughout the alley.
Ms. Garcia: Unfortunately, we see this a lot in business districts. Store owners feed homeless people, and
they have them sweep or do some light work in exchange for food, and that keeps them in the area.
Commissioner Regalado: And there is another case behind the old Eckerd's Store on Flagler and 37th
Avenue, a guy who brags about using crack, and he harasses the residents. He sleeps there. The
merchants don't want him there. The police have taken him several times, but he comes back. He keeps
coming back. And every time he comes back, he is more -- he is very resilient. He's coming back, and
he's more angry every time, and he harasses people. So is there a mechanism that we can do to, I mean,
take him away, take him to Hialeah or something?
Ms. Garcia: We'll follow up on it. Someone just whispered in my ear that the first person in Coral Way
and 22'd, we know this person, and he stays there because there is an attorney that has --
Commissioner Regalado: I know that. But he moves. I know that, but he moves around throughout the
alley, and he harasses people.
Ms. Garcia: We will follow up on it.
Vice Chairman Gort: Let me tell you, we had the same problem at the Publix Market. And what was
happening was a lot of the merchants of the area were utilizing these guys to do some work for them in
exchange for some food and things like that. We got together with them and we showed them the
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detriment to the area that is being caused by their actions. They created a committee, and we've worked
very close with them, and we were able to place.a lot of those people. And some of the ones that can go
ahead and work, we have identified, and they are working for them right now. But the people also have
got to be part of the solution.
Commissioner Winton: Livia, how many staff people do you have?
Ms. Garcia: At this time, I have 20 employees, but I have funding for 25.
Commissioner Winton: And how many homeless people do you estimate are in the City of Miami?
Ms. Garcia: About 3500. And this includes the persons that stay on the street and the persons that are in
shelters.
Commissioner Winton: I've had the opportunity to work with Livia just of late, and it's on this Church
Street Feeding Program. And I tell you; we really need to take our hats off to her. She is extremely well
informed. She knows everything that's going on in this arena. She knows everybody that's doing
anything, and she's working her rear end off to make -- to solve a problem, frankly, where there's not
nearly enough resources combined to get the problem solved. And that's why I said earlier, we've got to
bring the County back to the table, and HAC (Homeless Assistance Center) back to the table, and all the
people involved in homeless back to the table to rethink the entire process, because it flat is not working in
the City of Miami today. But Livia is working, and she's doing -- under the circumstances, I think I
couldn't imagine anybody doing abetter job. So thanks.
Ms. Garcia: Thank you, sir.
Commissioner Regalado: Johnny, I sent you a note when I read something in the paper, because I have
been -- Sunday morning, I went twice to downtown, and I asked the people feeding the homeless where
they came from. These people are from South Dade, Westchester. I wonder why -- you know, there is
nothing we can do about it, because they are free to do it. But the problem is that they -- no, no, I mean in
terms of not letting them feed. But I think, though, that the administration should proceed with designated
spots to feed the homeless, and, you know, and tell them, that's it, you cannot --
Vice Chairman Gort: We are. We've been working on this for a long time with administration, and
Commissioner Winton, and I through the DDA (Downtown Development Authority) that have said this is
how it's going to solve the problem. But we in the past have tried to talk to these individuals. We try to
tell them what the needs are, but they don't want to listen. So that's why we have to go at it this way. I
know Commissioner Winton had a meeting not long ago, and I told them, next feeding, let me know. I'll
be more than glad to be there, because this is something that's really hurting the City.
Commissioner Winton: Well, actually, the Manager came and a goodly number of staff came. And they
didn't have to do that, by the way. You know, this is something I was pushing. And they all showed up,
and we had a very frank, open discussion with a goodly number of the church people doing this. And
what I found in the room, which was interesting, is that there is a very rational group of these people who
make a lot of sense and who could help us contribute to solving the problem, and there's a group that's
totally irrational, and they just want to do what they want to do, when they want to do it, and they don't
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care about anything else. But I want to work at bringing the rational ones to the table, because I think,
frankly, they can help us craft a plan that will be both compassionate and protect the City in the arenas
where we need protection. And so that's what we're working on. We're going to bring some of those
people to the table. And that's going to be step one, and I think a very long process of trying to get more
people to the table to re-evaluate the whole homeless situation. And I could use -- you know, any help
that anybody wants to offer, I'm willing to take it.
Ms. Garcia: Commissioner, we have --
Vice Chairman Gort: Let me ask you a question. The Pottinger, when we went to the arbitration, we had
to come up with a plan. Weren't you the one in charge of that plan?
Mr. Gimenez: I was one of the negotiators on the Pottinger settlement.
Vice Chairman Gort: Well, I think part of the program that we put together should be shown to other
cities, and should be shown to the County, and it should be adopted Countywide, because it's a great
program that we all put together. And we can use all the facilities within the County, not only the City. I
think this is what we need to do on this thing.
Mr. Gimenez: Believe me, the administration agrees with you 100 percent. We have way too many
homeless facilities inside the City.
Vice Chairman Gort: Right. Livia, would you like to introduce your staff?
Ms. Garcia: Yes, sir, some of my staff. Very, very dedicated people.
Vice Chairman Gort: And my understanding is some of them had been homeless themselves, and now,
they're working.
Ms. Garcia: All of them, sir, have been homeless before.
Vice Chairman Gort: Great. Thank you very much. You want to come up and say your name? And
(inaudible).
Katherine Alvarez: My name is Katherine Alvarez, and I'm in charge of the care and planning unit.
Vice Chairman Gort: Thank you.
Ms. Garcia: Care and planning unit works with the mentally ill persons.
Jacqueline Epson: My name is Jacqueline Epson. I work in Model City, Upper East Side, Little Haiti and
Wynwood.
Joel Smith: Good afternoon. My name is Joel Smith. I was formerly assigned to East and West Little
Havana, and now I'm working -- I'm with the team downtown.
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Vice Chairman Gort: Thank you.
Robert Rivera: Good afternoon. My name is Robert Rivera, and I work with six of the NET offices in the
City of Miami, Flagami, Coral Way, Coconut Grove North and South, and East and West Little Havana.
Vice Chairman Gort: Thank you.
Ms. Garcia: Thank you, Commissioners.
Vice Chairman Gort: Thank you, Livia. You guys are doing a great job. Thank you.
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26. (A) DISCUSSION CONCERNING FINANCIAL UPDATE AND BUDGET OUTLOOK.
(B) DISCUSSION CONCERNING PARKING SURCHARGE EFFECTIVENESS.
(C) DISCUSS APPOINTMENT OF INDIVIDUAL TO OFF-STREET PARKING BOARD.
Vice Chairman Gort:
OK. Item 26. Yes, sir. My understanding is we're going to be discussing the five-year plan?
Carlos Gimenez (City Manager): No. Item 26 is.the --
Vice Chairman Gort: The month --
Mr. Gimenez: -- the financial update.
Vice Chairman Gort: The financial update.
Bob Nachlinger (Assistant City Manager): Yes. Mr. Commissioner, I -- Bob Nachlinger; Assistant City
Manager. We're presenting today the May 31" and June 30"' financial statements of the City, in
accordance with our fiscal mandates. If you have any questions or would like any discussion, I'll be
happy to --
Vice Chairman Gort: One of the questions that I had is, when we created the five-year plan, and as we
follow, are we complying with what we projected? We have projections of incomes and we have
projections of expenditures. Are we within those income and expenditures?
Mr. Nachlinger: Yes, Commissioner, we are. As a matter of fact, the projections we do for the five-year
plan, we're doing those purposely very conservatively. And through the four years of the five-year plan,
so far, all of our results have come in, in excess of what we anticipated; that is, we're much better than the
five-year plan projects.
Vice Chairman Gort: That's one of the questions that I wanted to have answered. So at the same time,
when we look at the past trend and we look at the future forecast, we can apply some of the past trend that
we have followed and we have seen in doing our projections in the future. At the same time, my
understanding in reading some of the internal audit report, there are a lot of things that have come up in
those reports that if we follow the recommendations, not only are we going to be able to save some of the
expenditures, but at the same time, we're going to create some additional revenues.
Mr. Nachlinger: Yes, sir. And we have been going over those audit reports very carefully in moving
forward to implement those recommendations.
Vice Chairman Gort: Thank you. Any other questions? Yes, sir.
Commissioner Regalado: A question about the parking thing. I cannot very well understand how we got
to this point. First of all, I cannot understand why I needed to read The Herald to find out that the parking
surcharge process was not working, at least half a million dollars or more .than half a million dollars of the
whole parking surcharge. And the Manager gave me these letters from July 17, August 8, September 7
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asking these people to pay -- September 7 again, and so on. September 7, all these September 7. It seems
to be the last communication with these people from Quick Park. It seems to me that -- oh, September 13.
So I know that -- I was told that the Parking Network started working for the City in May. So they needed
to find out what is going on, and see who has to pay and all that. Then they realized by July that these
people have not paid. If someone in Flagami or Shenandoah does not pay the taxes or the fee, he gets a
letter. The second letter is more aggressive, and you're going to have a lien on your property. I don't
understand why it took so long for the administration to find out. I don't understand why the City
Attorney was only informed eight days ago. I don't understand why we needed to find out about this --
which, by the way, is a very politically charged issue for the elected officials. It's a very sensitive issue.
And I just cannot understand why we were not kept informed. I mean the Manager had his Chief of Staff
call the day before to advise that there was an article that was going to be published. I already knew,
because some friends told me about the article. But other than that, I'm at a loss. I don't understand. I
know that you're going to explain to me the process and this -- whatever you're going to say to me, it's
probably going to sound logical. But I'm telling you that the perception is that this is very wrong, and that
some people had to be protecting these people within the government because --
Mr. Gimenez: I'm going to try to respond to your questions, sir. And there is a logical reason as to what
happened here. The parking surcharge or Parking Network, they didn't start working until mid-May. In
other words, the contract was awarded in February, and they didn't start working until mid-May after,
actually, I had, you know, assumed the position of City Manager. They started doing their fieldwork, and
they distributed about a hundred letters to about 20 to 30 different entities. And there's a number of
questions as to why. You know, it's not really a black and white thing, because, number one, they have to
estimate, you know, what the parking surcharge is going to be in a parking lot. They don't know if the
entity that's got a particular parking lot has got two or three different parking lots, and basically, they are
lumping it all together in one payment, et cetera. So there's a number of questions that are asked. They
shipped out their first batch of letters on July 17t''. I mean, that's only basically three months ago. They
waited, and they got responses from everybody except those from Quick Park. They reissued another
letter, batch of letters to Quick Park asking again for an explanation in August, and a subsequent letter
went out, I believe, on September 7t", basically about a month ago. Nobody has -- nobody is under any
kind of protection. This is a process that we're following, a very diligent process to make sure that the
City, you know, obtains all the revenue that is due to it from all the operators, parking operators in the
City. I have a meeting scheduled tomorrow with the attorney from Quick Park. There are a number of
steps that the administration can take to force -- to compel Quick Park to pay what we feel is due to us.
And again, there is some -- there may be room for debate in terms of what we feel is owed to us versus
what they have in terms of their records, if they're actually parking at those particular sites. But in any
event, you know, we feel fairly certain that something in the order of six hundred thousand dollars
($600,000) is owed to the City of Miami. And at tomorrow's meeting, it is certainly my intent to do
anything in my power to compel Quick Park to give us the money that's due to us, including any penalty
that we may be able to impose on them, and it could be as much as over a hundred thousand dollars
($100,000) in penalties, and any interest earned on that money. And again, after that meeting, I will
inform you as to what their position is, and the course of action that we can take. And there is -- in this
particular ordinance, there's a lot of teeth to the things that we can do. And I am set to, you know, put all
my teeth in order and put it to them. So, you know, we're not going to tolerate this. It sets a bad
precedent, an example, and, you know, we're just not going to tolerate it in the City of Miami. We're
going to go after every penny that's due to us.
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Commissioner Regalado: No. I -- you know, I am completely sure that you're going to go after them and
that we're going to probably get the money. But that's not the issue that I was discussing. The issue is
that -- You know, when things happen in Washington, and they want to blame the President, or the
question is, "When did he know and what did he know?" And it seems to me that, first of all, a red flag
was raised on July 17th, which is about three months ago. And, I don't know, it sets a very bad precedent,
because now, if I, as a resident, want to say, "Well, I don't want to pay my fire fee, because there is a
court case," what are you going to do to me? Are you going to send me letters and letters, or are you
going to -- you know, threaten me with a lien and all that? What I'm, saying here is that I thought that this
process is very confusing or very soft on the part of the Parking Network. Now that you get involved, it's
fine by me. But let me tell you, it's -- I think that still, half a million dollars is a lot of money, and it's not
three thousand, four thousand dollars ($4,000) that you can resolve from the administration point of view.
I think that the elected officials should be kept informed whenever there is a flaw on this situation that this
body and the Mayor pushed through. Everybody, everybody here is responsible for this. And I will --
Mr. Gimenez: Remember, Mr. Commissioner that the first batch of letters was not just sent to Quick
Park. There was about a hundred letters that were sent out so there was discussion --
Commissioner Regalado: No, no, no. Excuse me, Mr. Manager. It says here on July 17th, Quick Park --
and it says: 'According to our records, surcharge remittance; reports and payments had not been received
for the following locations. By July 17th, they had pinpointed the locations, I mean.
Mr. Gimenez: That's correct. But those are the letters that were sent by the parking --
Commissioner Regalado: I know what you're saying.
Mr. Gimenez: -- you know, our parking administrators. There was a hundred letters sent out to 20 or 30
different -- So basically, this is informational. This is what we think. Can you get back to us? Are we
right? Are we wrong? And that particular process takes a little bit of time. Again, that's only basically,
you know, three months ago.
Commissioner Regalado: I understand that.
Mr. Gimenez: And, you know, I'm sorry we didn't advise you right away that there was a potential for
this. We were just following a normal process. You know, now, it's gotten to the point where it's -- most
of them have complied, except for Quick Park, and we're going to have to take a much tougher, different
tack with Quick Park, and that's where we are at this point.
Commissioner Regalado: Because, you know, it places elected officials on a very awkward situation,
because, I mean, we go to public places, and we go to the media. And for all I know, if they had called me
and asked me about this, I would have to say I don't know anything about it. And you're supposed to
know. I mean, you're -- we don't have the staff, nor do we work full-time, or that is the perception, and
we don't know anything about that. Take the Mayor. He didn't know, according to the press, he didn't
know. Had he known, he wouldn't have taken 24 checks for his brother's campaign from these people.
And, I mean, it's very embarrassing for the Mayor and for everybody.
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Mr. Gimenez: Mr. Commissioner, I basically -- we set the wheels in motion to begin a process. I didn't
know the status of where that process was until the same day that you got the information and I got the
information that Quick Park had become an issue. And how the Herald found out about it before I did, I
don't know. That's not an excuse for the administration. I'm just saying at the same day that we
informed --
Commissioner Regalado: Well, it's called good journalism, I mean, you know.
Mr. Gimenez: I guess so. But as soon as we found out, as soon as it turned into an issue, we advised you.
Before that, it was in the normal process, you know, that we treat everybody the same and that's, you
know, everything -- it is what it is, and when it got to this point, we're going to deal with it.
Commissioner Winton: Mr. Manager.
Vice Chairman Gort: Commissioner.
Commissioner Winton: Are we going to -- From this point on, are we getting a monthly report from this
management company in terms of delinquents?
Mr. Gimenez: We sure can -- we could "cc" the Commission on the correspondence that they send out,
and then you can be informed as to everybody that we feel has a problem.
Commissioner Winton: No, no, I don't want that. I just want to know if the administration is getting a
monthly deficiency report.
Vice Chairman Gort: Report, yeah.
Mr. Gimenez: Yes.
Commissioner Winton: OK. So that you have the mechanism to follow up. And then if you see a bell
that needs to be rung, you can let us know.
Mr. Gimenez: Yes, sir.
Commissioner Winton: And one other thing. From my viewpoint, I think we ought to use every single
resource at our disposal that's written into the law to hammer Quick Park. Everybody and their
grandmother knows I am totally opposed to this parking tax in the first place. However, it is in place, and
it's absolutely unfair for any single entity out there to take advantage of the system and not be paying. So
I think -- I don't care what -- whatever tool we've got, tomorrow, bring all the tools out and use the
toolbox on whoever's coming to see you tomorrow.
Vice Chairman Gort: Take a bike.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
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Commissioner Teele: Like Commissioner Regalado, I must tell you, not only was I shocked to learn this -
- I don't want to attach more significance to this than it deserves -- but I was disappointed in not being
informed, because I asked the question during the budget hearings, specifically. Mr. Clerk, I want you to
research the record. I specifically asked the question, "How are we doing on the collections in the
surcharge?" "Fine, everything's fine." Now, look. I think we need to all understand that this is not
exactly the way it's been portrayed. We are in a litigation with the County over the surcharge. That's
what this is about. Now, let's don't all rush to judgment on this. We need to take -- and this is my whole
point, ever since I've been here on this Commission. We have two standards of justice. We need to be
just as vigorous with the County, with Jackson, with Miami -Dade Community College, with all of the
people that are not paying. Government should not be -- this is America. This is not -- The whole
concept of the rule of law implies that everyone is equal under the rule of law. So being the President of
the United States doesn't give you any great immunity to conforming with whatever the law is. Now, the
problem that we have with Quick Park, in my judgment, is if we allow Quick Park to do this, this becomes
carte blanche for everyone to do it. That's the problem. In addition, I was told there are people that are
not paying anything. Specifically, specifically, you all have said that the Parking Network people came on
duty in May? When was the last Miami Heat playoff game?
Mr. Gimenez: April, I believe.
Commissioner Teele: Chief Martinez, what was the last game?
Raul Martinez (Chief of Police): May 17th
Commissioner Teele: May 17th . On May 17th, I specifically asked the Parking Network, through the
Manager's Office, in conjunction with the NET Office and the Police Department to go out and take
pictures, and not to tow cars, but to take pictures of everybody that was not compliant. Have we done
that? Did we do that?
Mr. Gimenez: Yes, sir.
Commissioner Teele: Do we have a good picture of the non-compliance as it relates to this?
Fred Bredemeyer: Good afternoon. My name is Fred Bredemeyer, administrator for the Parking
Network. And, yes, we did do field surveys for the last two Miami Heat games. And most of these Quick
Park locations identified are a result of those field surveys.
Commissioner Teele: Well, that's not my question. My question is -- let's go beyond Quick Park. What
about everybody else that ain't paying us nothing?
(INAUDIBLE COMMENT)
Commissioner Teele: Grammatically, what about all these other fine Americans that have decided not to
remit anything to us?
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Mr. Bredemeyer: There were some other properties that we identified that were charging for parking and
we have since --
Commissioner Teele: That were not remitting anything?
Mr. Bredemeyer: That were not remitting anything. We've identified them. Either they have submitted
payment or have agreed to submit payment.
Commissioner Teele: See, the problem that I -- I mean, I think we -- before we get off on a tangent, Quick
Park is one of the few that was complying from the very beginning. And they made payments for some
period of time. Did they or did they not?
Mr. Bredemeyer: Yes, sir. That's part of what made it so difficult to ascertain how much they really did
owe, because they were making payments. They were lumping their payments together, and it was
difficult to ascertain how the breakdown of their payments applied.
Commissioner Teele: About how much were they paying a month when they paid?
Mr. Bredemeyer: Approximately twenty thousand dollars ($20,000).
Commissioner Teele: That's all?
Mr. Bredemeyer: Yes.
Commissioner Teele: Well, let me just give you another perspective in all of this. In the redevelopment
area, the only real land value instrument, now that the NAP (Network Access Point) -- before the NAP got
there is parking. One of the challenges that we are confronted with is, how do we and the Parking
Authority, as our partner, how do we work to ensure that everybody doesn't create a legal gimmick and a
dodge that creates the problem that Quick Park is having? And very, very clearly, the full problem is this:
Quick Park has been required to pave lots. They've been required to put drainage, and lighting, and all of
that, because the one thing we said is we're not going to have a ghetto being created in Overtown and in
Park West, et cetera. And then, all of a sudden, the Miami -Dade Community College, which pays no
taxes, and is not remitting a surcharge -- are they remitting?
Mr. Gimenez.: No, sir, they are not remitting a surcharge, because we asked --
Commissioner Teele: All right. Well, see, this is what I'm talking about.
Mr. Gimenez: Well, we asked them -- The reason they don't is because we asked them do they charge,
do they put it in their tuition, et cetera, et cetera. And they said, "No, this is free parking for our students,
only," except that we know, that they do allow 1100, they have 1100 spaces set aside in Heat games.
That, they're going to have to remit the surcharge for.
Commissioner Teele: And what we're creating now is a total confused state regarding parking. And as a
result, it is going to hit our bottom line more so than anybody's, because this whole City budget -- and
Commissioner Regalado is right to bring it up -- is predicated at this point on the parking surcharge. So I
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come down four square, number one, the City Attorney and the City Manager need to meet in an urgent
basis with the representatives of Quick Park and encourage them with all of the threats, and coercion and
sweet talk and rough talk that we can do to get them to pay right away, because I believe that if we allow
Quick Park off the hook, we will begin the demise of the City of Miami's financial situation as we know it
today. And Mr. Manager, I'm particularly talking to the Assistant Manager for Finance, is that an
overstatement? Is our budget not predicated on the parking?
Mr. Nachlinger: Yes, Commissioner, absolutely.. That's the linchpin of the entire recovery effort.
Commissioner Teele: And so I believe that at the end of the day, the one thing that we're going to be
concerned with is, if the courts rule against us, do we have sufficient reserves to pay out any funds that
have been collected? And I think, given the strategic reserves and the operational reserves, at this point,
we do. Is that a fair statement? If worst came to worst, recognizing that the lawyers have told us that the
trial court has already ruled in our favor, and that, in effect, puts us in a much stronger legal position, is
that fair statement, Mr. Attorney? But if worst came to worst, apparently, what one of the lawyers from
Quick Park has said is that they are concerned that if the City is so close to being under financial
oversight, if the money -- how will they get their money back if the courts rule against them? And I just
think we need to be -- huh?
Vice Chairman Gort: I have a question.
Mr. Vilarello: Commissioner.
Vice Chairman Gort: Art, I have a question on that.
Mr. Vilarello: Commissioner, if I could address that issue.
Vice Chairman Gort: It's not their funds. They're collecting those funds. What are they going to do with
it? Are they going to keep it?
Commissioner Teele: You know what's wrong with this? Well, you know, look. I wouldn't have a
problem with it theoretically. I do have a problem, but theoretically, if they were depositing the funds --
Commissioner Sanchez: In an escrow account.
Commissioner Teele: -- in an escrow account. I mean they would have a -- but I think that's a bad
precedent to talk about.
Mr. Vilarello: Commissioner, if I can just address that issue quickly. The Manager set up a meeting with
their attorneys tomorrow at 1:30.
Commissioner Teele: OK.
Mr. Vilarello: And we will attend and speak with them. I had a -- I would say an animated conversation
with their lawyer, who misunderstood the state of the law and the state of those funds. Those funds do not
belong -- and under any circumstances, even if the City were ultimately to be not successful in the
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litigation to the operators of the parking facilities. So I think that I clarified. that from yesterday, and I
think that we'll have a very fruitful meeting with them tomorrow.
Commissioner Teele: Final question. I read all these very Draconian -- these very -- I mean, you know,
we're not going to send anybody for jail and all of this. But this is what our ordinance penalty says, and I
don't -- I voted for it, and I support it. But realistically, isn't the strongest leverage we could put on a
business person is to charge like an 18 percent or whatever the legal limit is of interest?
Mr. Nachlinger: Yes, sir, plus the five hundred dollar ($500) per violation fine.
Commissioner Winton: And pull their permits.
Mr. Nachlinger: And pull their occupational license.
Commissioner Winton: Then they can't operate.
Commissioner Teele: Yeah, but see, that -- you know, nobody is going to start pulling permits, I mean.
Commissioner Winton: But that's the strongest tool you have. If you threaten to take all their revenue
away.
Commissioner Teele: But I'm saying, operationally, I just believe that the management ought to consider
coming back with an interest rate on all of these -- on anybody that's not paying that -- what's the legal
limit? Eighteen percent? What do they get for tax deeds now?
Mr. Vilarello: The penalty under the ordinance is one percent per month, which would come out to about
12 percent per year.
Commissioner Teele: But what's the legal limit in the State of Florida that we could charge for interest?
Mr. Vilarello: I believe it's 18 percent.
Commissioner Teele: Well, I tell you, I think you all ought to look at something like that. I mean, you hit
business people in the pocketbook, you get their attention. But Mr. Regalado, I don't know what you plan
to do on this issue. I would like to support any action that we're going to take to be dramatic and to --
well, maybe the best action is to let the attorneys and the Manager meet, and then let's schedule this for a
discussion item at the next meeting. But we cannot let this go.
Mr. Gimenez: We'll certainly call you as soon as we can after that meeting and let you know the
resolution of that, and what our plans are, you know, if it's not fruitful.
Commissioner Sanchez: And when is that meeting going to take place?
Mr. Gimenez: Tomorrow at 1:30.
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Commissioner Teele: You know, and I want to know the impact on Off -Street Parking as it relates to that
garage that was built, because I mean, you know, I noticed that one of my colleagues ' is asking that we
confirm an Off -Street Parking board member, which I have no objection to, as long as that person comes
before this commission and lets us know what his philosophy is, et cetera, because I think we have to start
being more responsible about these things. We complain about these agencies, but we need to know. And
just so that the record is clear, the person that he is replacing did not ever get confirmed by this
Commission, because I objected and asked for an explanation as to how they could be building a parking
garage in direct competition with Off -Street Parking, which he serves as a -- board of directors member of.
I mean, there's a clear fiduciary issue that nobody wanted to address. And I certainly wasn't comfortable,
because politically, he's a very powerful person, a wonderful human being, an asset to the community, a
civic leader. But I just thought it was wrong for them to go in business against the Downtown Parking
Authority. And I said it to the board, to the Downtown Parking Board. So I just think that we need to
take a lot more under advisement here, and we need to work more closely with Off -Street Parking, as well.
Vice Chairman Gort: Thank you.
Commissioner Regalado: I've got a question, Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: On parking, although it's not related directly to this. And I'm not going to ask
for more, because tomorrow, you are meeting with -- and that's the way it should be. But I read your
memo and report that you sent the day before yesterday, I think, or on Tuesday on the letters that were
sent to the parking entities, 57 parking entities in the United States, several of them in local for -- in case
that the voters approve the amendment, and dateline is November Ist or whatever. My only question is,
we always were told by you, by the Mayor that Off -Street Parking could bid on this. Is that what you
said?
Mr. Gimenez: Yes, sir. Let me explain what happened. It was --
Commissioner Regalado: But what happened is that you didn't send a letter to them.
Mr. Gimenez: Yes. We hand -delivered one yesterday to them, along with a letter of apology that there
was an oversight. They got the package.
Commissioner Regalado: You forgot? You forgot the Off -Street Parking?
Mr. Gimenez: No, sir. It was an oversight. It was directed that we do that, and it was an oversight. But
we sent a letter of apology, and they got it.
Commissioner Sanchez: But -- but -- Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: You know, these are things that open up the doors for perception. These are
things that open up the door for "here we go again." These are things that should not happen. You know,
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all the arguments made here by this legislative body have been very accurate, stating that we're so
dependent on this parking surcharge we're anticipating on the budget which we're in the process of long-
term commitment, almost eleven million dollars ($11,000,000) for the budget, and then having companies
such as Quick Park, you know, not pay it. And maybe there's others that haven't paid it. I'm not sure. Is
there any other company?
Mr. Gimenez: There may very well be. You know, this is an ongoing process that's going to continue
and continue, I mean, as long as we need to. And I think we need to do it. As long as we have this
surcharge, we're going to be continuing to monitor the situation.
Commissioner Sanchez: And I clearly understand that. As a matter of fact, this Commission directed you
to find a company to go out, and audit, because in the long run, whoever doesn't pay, it's a clear -- it's a
clear law. If you do not pay it, you're in violation of the law. The County's arguments are completely
different than other arguments that are being made, but that's up to the Legal Department to decide. I'm
not an attorney. But in the long run, when these funds are held away from the City, you know, the budget
right now, if you look at the five-year plan -- and I have some other questions pertaining to the strategic
reserves and I'll get to that later -- I mean, it really throws this five-year plan and the whole budge out of
whack if we don't collect that money.
Mr. Gimenez: I think we have an --what's in the five-year plan is what we have received, and so --
Commissioner Sanchez: No, I -- we could cover it. We have-- the first year, 2000, in reserves, we have
forty-three million dollars ($43,000,000); second year, FY 2001, we got fifty-five. So we got plenty
money to cover that. But it's just if the laws -have teeth -- and you stated that, that the laws have teeth to
go out -- well, meet with them tomorrow, and if they don't pay, then take the necessary actions that are
needed. And you stated you were going to do that. And on the strategic reserves, I have brought out this
concern, that what is the administration prepared to do for the strategic investments, which is -- this
money's intent is directly to do that, to generate more recurring revenues for the City. What are we -- how
are we going to do that? How are we going to invest that money to create ways to funnel in recurring
revenues for the City?
Mr. Gimenez: We've got to come back with a comprehensive plan for the use of the entire amount, and
that's what we plan to do in order to give it to the State Oversight Board.
Commissioner Sanchez: Fine. Now, are we going to hire professionals to do this for us?
Mr. Gimenez: To --how we plan to use strategic --
Commissioner Sanchez: To find ways to invest this money. Are we -- or is the City going to do it itself?
Mr. Gimenez: What we're going to do is, well, you know, former County Manager Ray Goode is heading
up a committee --
Commissioner Sanchez: A blue ribbon committee.
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Mr. Gimenez: -- that will look at all of our ideas of how to use the strategic initiative dollars there to
evaluate it and give us the best way to use that. Now,. obviously, part of using the dollars is to get the --
and it depends on the individual project that is going to use those dollars. We intend to get the best people
possible to push those projects through.
Commissioner Sanchez: Now, on the five-year forecast, when we get. to year 2004, that's when we start
hitting a deficit, correct?
Mr. Gimenez: Well, if you want to go through the five-year program, that's item 21.
Vice Chairman Gort: Commissioner Sanchez, let's get out of the item 26, which is the monthly reports,
the monthly financial reports. Is there any other question on the monthly financial report? I don't know, I
always get a bugged mike, so what can I tell you?
Commissioner Regalado: Use the Mayor's mike.
Vice Chairman Gort: Any other question on the -- they fixed it already. Any other questions? Thank
you, guys. Any other questions that you have on the financial statement? There is none? Thank you, sir.
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27. TABLED: PROPOSED "CITY OF MIAMI FIVE-YEAR PLAN FOR FISCAL YEARS 2001
THROUGH AND INCLUDING FISCAL YEAR 2005" (See #22 and #31).
Vice Chairman Gort: Now, you want to go into the five-year projections?
Carlos Gimenez (City Manager): Yes, sir. We have a presentation.
Vice Chairman Gort: Let me ask you a question before going into the presentation. And I'm sorry, I
don't recall right now. What are the projections of income that you have of revenues projected for the
next five years on the parking surcharge?
Linda Haskins (Director, Budget): Linda Haskins, Budget Director. The parking surcharge is at eleven
million dollars ($11,000,000) through next year, and then it increases by ' another two million dollars to
take into consideration the -- Dade County's beginning to pay.
Vice Chairman Gort: All the way up to -- just eleven million?
Ms. Haskins: Thirteen million dollars ($13,000,000).
Vice Chairman Gort: Thirteen million dollars ($13,000,000).
Ms. Haskins: A year.
Vice Chairman Gort: Anything above that is not projected into any of the -- in the five-year plan; am I
correct? Anything that would go above thirteen million?
Ms. Haskins: Right. No, it does not.
Vice Chairman Gort: OK. Thank you.
Mr. Gimenez: Next year, it's eleven million, and then after that, it's thirteen.
Ms. Haskins: And in putting together the five-year plan, I look at this as being good news, but there's
even better news out there. And the good news is by applying very conservative estimates, by not doing
anything "fancy-shmancy" with our numbers, we look at a five-year plan, and we see that we continue to
increase our reserves at least through 2004. This plan does not reflect any investment of strategic
initiative dollars, blue ribbon initiatives;_ it doesn't reflect anything relating to some of the initiatives
we've undertaken to look at efficiencies. So the good news is without doing anything "fancy-shmancy,"
leaving things pretty well status quo, applying conservative estimates, we continue to build reserves, and
revenues exceed expenses until 2005. If we look at the assumptions that underlie this plan, we'll see that
the expenses are increasing at a faster rate than revenues. On the expense side, staffing levels remain
consistent with the 2001 levels. We increase salaries two percent a year for cost of living adjustments.
Salaries are further increased by five percent for those people that would be eligible for annual merit
increases. Overall, salaries go up about five point two, five point three percent per year. We assume two
and a half percent of the positions are vacant at any point in time, and there's a five hundred thousand
dollar ($500,000) decrease beginning in 2001, assuming that we have some staff reductions, some
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permanent staff reductions. And that continues to the plan, not at five hundred thousand dollars
($500,000) per year, but that five hundred thousand dollars ($500,000) reduction remains stable through
the plan. Fringe benefits increase at the rate of one and a half percent a year, except for Medicare and
FICA (Federal Insurance Contributions Act), which increase in percentage in direct proportion to salary
changes. Severance pay is assumed to be relatively stable. There was a bump in severance pay in fiscal
year 2000, because we have a lot of firemen leaving under the drop plan. That has now stabilized, and we
leave the severance at about four million dollars, ($4,000,000) per year. Operating expenses for the most
part are increasing at the rate of one and a half percent per year. There are a couple difference -- there are
a few variations on that. Auto liability insurance is going up by a million dollars ($1,000,000) per year in
2001, `02 and `03, to take into consideration the Ortiz settlement, that lawsuit. Group health insurance is
increasing at the rate of three percent a year, which reflects what we've been seeing. And new and
replacement of equipment, these 840 and 850 accounts that the Commission has appropriated a million
dollars ($1,000,000) for in 2001 from the 2000 surplus does not reflect in the budget for 2001, but we start
going back to normal levels at about a million -four or so in capital, in new and replacement equipment in
the out years. Capital expenditure funding. The capital expenditure funding, like I said earlier, is pretty
much status quo in this plan. We've increased in 2001 capital expenditures by two point nine million to
nine point six million. That's the general fund transfer to the CIP (Capital Improvement Project) fund.
And that nine point six million remains stable throughout the plan. We have planned for 2001 that a
portion of this nine point six million dollars ($9.6 million) in CIP will be used for an infrastructure study.
Anything coming out of that infrastructure study is not reflected in the plan. The other thing that we have
planned for 2001 is looking at strategic initiative investments. Nothing is layered into this plan regarding
the result of doing -- of spending our strategic initiative dollars. And again, nothing is factored in the plan
showing the application of forty million dollars ($40,000,000) of previously appropriated funds, CIP funds
that have not yet been spent. So we have a lot of additional expenditures we could layer into the plan at
some point in time. CIP expenditures that are in this plan are basically status quo, eighteen and a half
million dollars in 2001, seventeen point one million thereafter. And all this is saying is we're spending
everything that goes into the CIP fund that year.
Commissioner Winton: Could you explain something for me?
Ms. Haskins: Mm-hmm.
Commissioner Winton: If you go to Line 1, it says CIP funding increased by two point nine million to
nine point six.
Ms. Haskins: Right.
Commissioner Winton: It stays there. But then the one you were just on says it's forecasted at eighteen
and a half million.
Ms. Haskins: Right. OK. The funding from the general fund is nine point six million. That's what we
fund from the general fund. CIP has other sources. If we go to the revenue side, millage rates remain
stable at the eight --
Vice Chairman Gort: I'm sorry. Let me interrupt a minute.
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Ms. Haskins: Sure.
Vice Chairman Gort: The projection that you have for CIP --
Ms. Haskins: Yes.
Vice Chairman Gort: -- do you have specific plans that are going to be funded already, or are you just
allocating the funds? .
Ms. Haskins: We do not for -- we have specific plans -- we have specific appropriations for 2001.
Vice Chairman Gort: For specific projects?
Ms. Haskins: Specific projects appropriated for 2001. I'll get into it in a minute about what we have as
opportunities to this plan, and try to address that a little bit more fully for you. On the revenue side, we've
stayed conservative on revenues. Taxes -- the millage rate is assumed to remain the same. Property tax
assessment increases are at five percent in year one, four percent in year two, three percent in year three,
and two percent in the last year. So we've got some conservative increases and assessed values in the
plan.
Commissioner Winton: Now, is that assessed value number, does that take into consideration new
properties that are coming on the tax roll, and that's how you get the five?
Ms. Haskins: Yes, to some extent. But it doesn't -- when we look at --
Commissioner Winton: OK.
Ms. Haskins: -- at all the properties that are coming on board, it doesn't have -- if we look from our
windows and see all the cranes --
Commissioner Winton: Right, right.
Ms. Haskins: I don't think it includes office properties.
Commissioner Winton: OK. But the way you got the five, which is above average, wasn't that individual
properties are going to be reassessed five percent up. It's that whatever the average is --
Ms. Haskins: Right.
Commissioner Winton: -- that you're assuming existing properties values will go up, and then on top of
that --
Ms. Haskins: The new, the new.
Commissioner Winton: -- are all the new properties coming on.
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Ms. Haskins: Exactly.
Commissioner Winton: Thank you.
Ms. Haskins: Fire fees are remaining the same at sixty-one dollars ($61) per unit, and solid waste fees
increase over the term. They go from three hundred and twenty-five dollars ($325) in the year 2001, and
they go up twenty dollars ($20) a year. If you look at this red sheet, it gives you what's happening with
each of the fees. Ad valorem is staying at eight point.nine nine five. Solid waste goes up from the three
twenty-five by twenty dollars ($20) a year to four hundred and five dollars ($405) a year. Fire fee is
staying the same at sixty-one dollars ($61). And business licenses are increasing in accordance with our
statute and what we're allowed statutorily, which is five percent every two years. The next slide shows
what's happening on the -- how revenues are increasing, versus expenses, and why we see a convergence
of revenues and expenses in 2005. We see that revenues are increasing at somewhere around two percent
if we average this out, somewhere of two, two and a half percent per year from three hundred and sixteen
point six million to three hundred and forty-seven million. Expenses are increasing at about a rate of three
and a half percent per year. So what we see is in 2001, we increase our reserves by ten million, we
increase by ten million in 2002, 2003 by seven million to three million dollars ($3,000,000) in 2004. And
it's only in 2005 that we don't -- our. revenues don't cover expenses. And we believe that there are lots of
opportunities to this plan to be able to not.only cover that three point nine million dollars ($3.9 million),
but increase our reserves at the four point nine million dollar ($4.9 million) rate that we've talked about.
There's also a slide in your package that gives you details by category. I don't know that you're going to -
- it's going to be very hard to read here. But that gives you a little bit of a detail in. one place. We won't
try to read that here. So I think what we're seeing here is that's the results of not doing anything"fancy-
shmancy" in this plan. This is status quo, not really putting our mark on the City of . Miami as
administration. And we think there are many opportunities to this plan.
Vice Chairman Gort: Could you put the numbers back up again?
Ms. Haskins: Sure.
Commissioner Winton: What? Is this an eye test?
Commissioner Regalado: Question. Do you know how much will be in the surplus? You still don't
know?
Ms. Haskins: How much will be in the surplus from 2000? We're still in the process --
Commissioner Regalado: No, no, from this budget. From the last --
Ms. Haskins: From this fiscal .year; the fiscal year we're just ending?
Commissioner Regalado: Right.
Ms. Haskins: Yeah. We're still working on that. We're still looking at the ten to eleven million dollars
($11,000,000). But the books are being closed, and we'll have a better idea -- we'll have a number for
you in the next Commission meeting. Is that right, Scott?
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Scott Simpson (Assistant Director, Finance): No.
Ms. Haskins: No? The November meeting. November meeting?
Mr. Simpson: The auditors won't be out here until the first week -- the latter week of November.
Vice Chairman Gort: Excuse me. You are?
Mr. Simpson: I'm sorry. Scott Simpson, Finance Department. KPMG (Klynveld, Peat, Marwick,
Goerdeler) is scheduled to come back out and finish their fieldwork starting the week of Thanksgiving.
We probably will have a. very good preliminary number the first week in January. By then, they will have
done their actuary reports with respect to the pension, the actuary report for the insurance, for workers'
comp., et cetera.
Ms. Haskins: But we'll have our own internal idea by --
Commissioner Regalado: But you can, Mr. Manager, you can start doing projects from the money of the
surplus immediately; is that correct?
Mr. Gimenez: some of it, yes. You allowed us, I believe, six million of the -- to allow to spend up to six
million, and that gave us enough of a comfort factor there that we know that we're going to have far in
excess of six million in the surplus. So, yeah, we're going to start working. As a matter of fact, I think
you appropriated about four hundred and fifty thousand for one project, and three hundred and fifty
thousand for another project in today's meeting.
Commissioner Regalado: Right. But that was before the flood, right?
Mr. Gimenez: That was before the flood, yes, sir.
Commissioner Regalado: OK.
Ms. Haskins: Now, if we look at the opportunities to this plan, we think there are many opportunities.
First of all, investment of the strategic initiative dollars, which are about fifteen, sixteen million dollars
($16,000,000) in strategic initiative dollars. Nothing is factored in this plan from that, or leveraging on
those dollars by trying to get grant money, that sort of thing. There's -- We've not layered in any
investment of blue ribbon initiative dollars, and we believe that we'll get operating efficiencies out of the
investment in those dollars. Prior years CIP appropriations, we had forty million dollars ($40,000,000) --
excuse me?
Commissioner Teele: Excuse me, please. What number did you associate with the blue ribbon dollars?
Ms. Haskins: There's about six million in that, five to six million. The total of the two is twenty-one
million. Strategic and blue ribbon is twenty-one million. Prior CTP appropriations. We are running forty
million dollars ($40,000,000) -- we had forty million dollars ($40,000,000) of CIl' appropriations from
previous years that have not been -- those projects have not been completed. Within the City, we have
115 10/12/00
begun a process_ of doing an analysis of all CIP appropriations, looking to see what priorities we put on
spending those dollars, and some of the old ones, if we haven't spent the money and it is possible to
reallocate the funds, should we reallocate the funds? So we are taking a real hard look at that. At the
same time, we're looking at the expenditure of the strategic initiative and blue ribbon dollars. We have
also not layered into this plan implementationof a long-term IT (Information Technology) strategic plan.
We believe that by investing in our intellectual infrastructure -- which our technology in the City is real
old. I see this every day, how many people we have doing things manually to get things done that we
could have done automatically with decent systems. And we truly believe that there would be some
efficiencies generated by implementing our long-term strategic IT plan, and hopefully, being able to free
up resources from the sneaker patrol that runs around and doing these manual .things to really doing some
good things in service delivery and getting projects done. We haven't layered in. anything for results of
our efficiency. studies, because we haven't gotten the results on our efficiencies studies. We're going to
do that. We've committed to you to do that this year. We're starting out with the larger departments,
Police, Fire,. Solid Waste, and we want to layer something in relating to the efficiency studies. And last
but not least -- and it is important for this City -- we are --leveraging is important whether you are a City
or you're a corporation. And we know that leveraging on your equity is important. And as an old S&L
(savings and loan) person, I guess sometimes you can leverage too much. But we want to find the right
level of leverage. And by building our reserves and being able to convince the Street that on a
conservative basis, we can increase our reserves and the City is back on sound financial ground, we should
be able to re-enter the debt markets. And by re-entering the debt markets, we can leverage on our existing
resources and put in the projects that we need to put in, to continue to deliver better service to our
constituents, enhance the property values in the City. So in the end result, our commitment to you is we
know that this plan isn't fancy, doesn't give you a long-term strategic look at the City. What it does is
give you a five-year plan that satisfies the Oversight Board's requirements for us to look at a five-year
plan. But what we commitment to is when -- as we complete these initiatives over the next months that
next year, when we come to you with a five-year plan, we will come to you with a strategic five-year plan
that will layer in all of these items. It's going to layer in all the strategic initiatives, and our goal is going
to be to maintain our fees and our rates at or below current levels -- at or below current levels. And we're
going to show you some really wonderful things on how we're going to enhance the City of Miami.
Vice Chairman Gort: Thank you.
Note for the Record: At this point, agenda item 26 was tabled.
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0
28. ACCEPT REPORT AND RECOMMENDATIONS OF "AD HOC COMMITTEE TO
INVESTIGATE AND REVIEW COMMUNITY RELATIONS BETWEEN POLICE AND
DEMONSTRATORS CONCERNING ELIAN GONZALEZ"; DIRECT CITY ATTORNEY TO
RESPOND TO PARTICULAR FINDING CONCERNING CERTAIN CHARTER PROVISIONS AS
PERTAINS TO CONTACT BETWEEN ELECTED OFFICIALS AND CITY EMPLOYEES; CITY
ATTORNEY'S RESPONSE BE MADE PART OF SAID REPORT; MANAGER TO DIRECT CHIEF
OF POLICE TO REPORT TO COMMISSION AND TO AFOREMENTIONED AD HOC COMMITTEE
MEMBERS ON PROVISIONS OF REPORT THAT HAVE BEEN INCORPORATED INTO
PRACTICE OF POLICE DEPARTMENT.
Vice Chairman Gort: Commissioners, if I might ask, item 28, Mr. Andrew Rosenblatt, who is the
chairperson of the Elian Gonzalez Ad Hoc Committee created by Commissioner Regalado is here, and
they would like to make a report. My understanding is he has to leave. Would you like to hear that, and
then we continue with the questions? This is a committee that has worked a long time on this item.
Commissioner Sanchez: What item number is that?
Vice Chairman Gort: Item 28. And we can always get back to this.
Commissioner Winton: He has to leave by when?
Vice Chairman Gort: In a few minutes. Mr. Rosenblatt.
Commissioner Sanchez: Mr. Vice Chairman, I have no objections. Soon after that, if we could hear one
of my items. We have several business owners that I'm sure must get back to their businesses. If we
could, as soon as the report is done, if we could take that item out of order, I would appreciate it.
Vice Chairman Gort: No problem. Mr. Rosenblatt.
Andrew Rosenblatt: Thank you very much. Andrew Rosenblatt, Chairman of the Ad Hoc Committee.
I'll be brief. I assume that everybody on the Commission has been previously provided with a copy of our
findings of fact and recommendations. I'd just like to say that this is the result of a lot of hard work put
into this by your appointees. A great deal of personal sacrifice also went into this, again, devoted by the
appointees of this Commission. And this report is the result of a lot of hard work, specifically by Pepe
Herrera, who was the appointee of Commissioner Regalado; Rod Vereen, appointee of Commissioner
Teele; Pedro Roig, the appointee of Commissioner Gort; Albert Milian; who was appointed by then Police
Chief William O'Brien and myself. I won't bore you with the details, but in each and every one of those
cases, there were personal sacrifices made by those individuals to work on and to develop this report. If
you do take a look at the report, you will see, of course, that .this represents our broad consensus. Not
every member of the committee agreed with every single aspect of the report, but when we came together
after listening to all of the evidence, after reviewing the documents presented to us by the Miami Police
Department and discussing it amongst ourselves, although each and every member of the committee might
have chosen to word things a little bit differently, or put an emphasis on something else, this was the broad
consensus of a group of individuals who, I think, were fair-minded, came at this task from somewhat
different directions, but gave it their best effort.
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Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Let me ask a question. Yes.
Commissioner Regalado: I just wanted to.thank Mr. Rosenblatt for the work that he did as Chairman, and
also the members. I was here several times, and you all, every Monday night, I mean, you missed -- had it
been football season --
Mr. Rosenblatt: Well, we missed a few games.
Commissioner Regalado: But I mean they really, they really spent many hours. And it's something to
commend, because they were really into that. Are we getting a list of the people that you called and didn't
testify or refused to testify, Mr. Rosenblatt?
Mr. Rosenblatt: OK. Well, there was some discussion about that. And that is already a matter of public
record. We did not incorporate that into our final report. And that was really my decision. And the
reason that I chose to do that is -that there were some people who just couldn't make it. There were
scheduling conflicts that just couldn't make it, and there were other people who simply did not want to
appear. And because I could not adequately identify those people who would have willingly shared their
thoughts with us had their schedule been different from those people who chose not to come and appear
for other reasons, I chose not to list them in the report.
Commissioner Regalado: Mr. Chairman, I would move to accept the report.
Commissioner Sanchez: Second.
Vice Chairman Gort: There's a motion and a second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Discussion.
Commissioner Regalado: But with some little amendment. The City Attorney,. I spoke to him, and there
is a discrepancy on the City Charter right at the end of the report, something that was adopted in terms of
elected officials. And the City Attorney told me that the City Charter did not say that. I don't know if we
could approve that with the knowledge that the City Charter does not say that specifically: So Mr. City
Attorney.
Commissioner Teele: Well, why don't you do this, because, you know, it's find to have this discussion.
You've got a motion recommending approving the report with commendations to the board members, and
appropriate letters or documents to be given to them. But it just seems to me that, you know, we're
getting ready to have an oral discussion. And the report's going to go forward, be put in the file. The oral
discussion won't be. So I think you're much better off accepting the report with the proviso that the City
Attorney's --
Commissioner Regalado: That's what I'm doing.
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•
Commissioner Teele: -- opinion or response be made a part of that report.
Commissioner Regalado: Exactly. That's what I'm doing..
Commissioner Teele: And rather than getting into, you know --
Commissioner Regalado: No, no, that's what I'm doing. No, I'm not going to .challenge --
Commissioner Teele: Because you don't want to have a document that --
Commissioner Regalado: No, no, I'm not going to challenge any part of the report; just that the City
Attorney will add his opinion.
Commissioner Teele: A written response as it relates to the matters that you've defined or discussed. And
that will also be made a part of the final report as adopted by the Commission.
Vice Chairman Gort: Under discussion. My understanding is these hearings were public hearings. It was
open to anyone that would want to come and testify. Am I correct?
Mr. Rosenblatt: That's correct.
Vice Chairman Gort: OK. My understanding is after what I read, there were certain recommendations
that were made to the police, and I received also a report from the Chief. And I would like to -- if you'd
like to amend it, the report from -- any actions that have been taken or will be taken by the-- by our
department, if you could incorporate to it also, I think it would be appreciated. I don't want this to look
like this is another committee that did the work, and nothing was done about it. I think certain
recommendations, I understand in your report, you have considered it, you have implemented already, and
you will implement the other ones. So I'd like to have a copy of that also made part of the record, if you
all don't mind. OK?
Commissioner Regalado: Mr. Chairman, and I think that we should be updated on the changes that the
Chief of Police is going to do, and also the members of the committee, because they worked months, and
they should know that what they recommended has been implemented, because they are responsible. I
mean, these people put their faces to the people that were beaten by the police, and they're responsible for
the work that we are taking as good work. So they should -- they should be informed and they should
have input, should they feel that what they said is not being implemented. So.
Vice Chairman Gort: OK. Further.discussion?
Commissioner Winton: Mr. Rosenblatt, I'd like to thank you personally for your support and leadership
of this effort. I think that I heard nothing but good things coming out of that effort, and so publicly thank
you for taking so much time, volunteer time out of your schedule in helping with this very sensitive issue.
119 10/12/00
Mr. Rosenblatt: Well, thank you. One other thing I'd like to mention -- two other things. Number one,
this Commission appropriated fifty thousand dollars ($50,000) to the committee to do our work, and we
did not spend it.
Vice Chairman Gort: Great.
Mr. Rosenblatt: Secondly, I'd like to acknowledge the fact that we had a high level of cooperation from
the Miami Police Department during our efforts, particularly under the administration of Chief Martinez
and his -- and Assistant Chief Martinez.
Vice Chairman Gort: Thank you, sir. We thank you. OK. There's a motion. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion?
Commissioner Teele: On the motion, Mr. Attorney, would you read into the record what the motion is,
please. As you --
Alejandro Vilarello (City Attorney): The motion is accepting the report and recommendations of the Ad
Hoc Committee to Investigate Community Relations, with the additional proviso that the City Attorney
shall respond to the particular finding concerning the Charter provisions and contact .between elected
officials and City employees, and the Chief of Police will report on the provisions of the report that they
have incorporated into their.practice.
Commissioner Regalado: Will report to the Commission and to the committee members.
Vice Chairman Gort: OK. There's a motion. That's it. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
120 10/12/00
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-893
A MOTION ACCEPTING THE REPORT AND RECOMMENDATIONS
OF THE "AD HOC COMMITTEE TO INVESTIGATE AND REVIEW
COMMUNITY RELATIONS BETWEEN POLICE AND
DEMONSTRATORS CONCERNING ELIAN GONZALEZ' ; FURTHER
DIRECTING THE CITY ATTORNEY TO RESPOND TO THE
PARTICULAR FINDING CONCERNING CERTAIN CHARTER
PROVISIONS AS IT PERTAINS TO CONTACT BETWEEN ELECTED
OFFICIALS AND CITY EMPLOYEES; FURTHER STATING THAT
THE CITY ATTORNEY'S RESPONSE BE MADE PART OF SAID
REPORT; FURTHER INSTRUCTING THE CITY MANAGER TO
DIRECT THE CHIEF OF POLICE TO REPORT TO THE
COMMISSION AND TO THE AFOREMENTIONED AD HOC
COMMITTEE MEMBERS ON THE PROVISIONS OF THE REPORT
THAT HAVE BEEN INCORPORATED INTO THE PRACTICE OF
THE POLICE DEPARTMENT; AND FURTHER DIRECTING THE
CITY CLERK TO SEND APPROPRIATE LETTERS OF
APPRECIATION TO COMMITTEE MEMBERS FOR THE SERVICE
THAT THEY RENDERED.
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
121 10/12/00
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Thank you, .Mr. Vice Chairman. If we could take the
beverage ordinance up now. First of all, I'd like to say that there is a substitute
ordinance, which they are working on, and I.. just want to take this time to
basically touch upon some of the changes that I would like to present to this
Commission. Once again, let me just say that I strongly believe that this is a
quality of life issue to better our community. I think that it's worth -- this
ordinance has worked very well in other communities, to include Homestead,
Miami Beach and Coral Gables. We have several people here today in favor and
against this ordinance, that they will have their opportunity to speak as the
mikes open up. It is my experience, not only as Commissioner, but a law
enforcement officer in the police departments and speaking to other police
chiefs throughout the County that enforce this ordinance, that this will
definitely has reduced what we consider crime in the area.and people drinking in
public view and, in many ways, reduce the complaints that constituents call into
my office, .and also the activity that breeds serious crimes throughout our
community. If we look at New York, for example, with zero tolerance, which I
don't like the name, they have done things that I think have improved their city.
These are things that we could do also in the City. I have had the opportunity to
sit down with some of the owners of gas stations, which isn't any violation. It
wasn't an RFP (Request for Proposal) or anything to the effect, and we were
able to come to an agreement on what we consider, I think, on behalf of some of
them, that it's something that is good for the City. Now, we'll continue to make
this argument that, throughout the community, it is an eye -sore to drive at night
and see people, you know, drinking in public, which we could dispute all day
and all night until the cows go home; that law enforcement could. deal with it,
but they don't have the resources and time because they are going from call to
call on other serious matters. So, without a doubt, this is something that I
encourage this Commission and I encourage, with the support of the
administration, the Police Department and several members of my community
that are in favor of this ordinance. This ordinance, which has been amended,
would clearly change the hours now from 1 a.m. to 7 a.m., .Monday through
Sunday, not having an impact on Sunday. That was the agreement that I
proposed to some of the merchants that had that concern. So, with that -- I
know that the City Attorney is drafting a substitute ordinance, which will go
122 10/12/00
back to first reading. So, we'll discuss it today; we'll vote on the issue, and
then it will come back for second reading. So, at this time, what I'll do is, you
know, if anyone in the Commission would like to dispute it, and then we'll turn
it to the public.
Vice Chairman Gort: What I'd like to do, I'd like to hear from the police and
then I'll hear from the public: I want you to understand, this is a first reading.
First reading is not the final action. Second reading is when the final action
takes place. Chief, my understanding is -- and I have a couple of questions --
that we have an ordinance or do we have a law that anyone that is drinking in
the public right-of-way can be arrested?
Mr. Raul Martinez (Chief of Police): Yes, sir, we. do.
Vice Chairman Gort: Do we have a law that anybody walking the street who's
drunk can be arrested?
Chief Martinez: No. They can be arrested for disorderly. Disorderly
intoxication is against the law. Just being drunk, if you're not disorderly, then
you can't be arrested.
Vice Chairman Gort: What do you consider disorderly?
Chief Martinez: Disorderly is screaming, creating havoc, getting into a fight.
But just being drunk is not against the law. If you're drinking, it's not against
the law. If you have drunk to a level that you're intoxicated and now you're
walking around creating mayhem, then it's against the law. But just being plain
drunk is not against the law.
Vice Chairman Gort: Anything else you'd like to add to this?
Chief Martinez: No, Commissioner. Just, you know, this gives the Police
Department, if approved, another tool for the Police Department to enforce.
Drinking in public is one that we can enforce, but if you canenforce that the
establishments do not sell after a certain time, it makes the drinking in public
type bond issues a lot less likely to occur.
Vice Chairman Gort: OK. Any questions from any of the Commissioners?
Statements. I will now open the public hearing. Each one of you would like --
will have two minutes to. speak.
123 10/12/00.
Commissioner Teele: Before you do.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Why don't you say how this ordinance differs from the
previous --
Vice Chairman Gort: From the original ordinance.
Commissioner Teele: Huh? I mean, what people are going to talk about?
They've not even said what the ordinance is.
Commissioner Sanchez:. Well, the ordinance basically changes the hours -- go
ahead, Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): If I could address it just very briefly.
The substitute ordinance that the Commissioner is proposing would leave the
law as -is, in all respects, except the sale of alcoholic beverages at convenient
stores and grocery stores. Those would allow -- in those situations -- the sale of
alcoholic beverages would be allowed from 7 a.m. to I a.m., seven days a week.
So, the law -- the status of law is exactly as it is today, with that exception.
Vice Chairman Gort: My understanding originally was from 10p.m. to 7 a.m.,
except Sundays, not at all.
Mr. Vilarello: And it did deal with liquor stores, package stores, and, at this
point, it does not.
Commissioner Sanchez: Well, this is a watered down ordinance.
Vice Chairman Gort: Right. Yes, ma'am.
Ms. Merysabel Montero: Good afternoon. I am Merysabel Montero, president of
the Miami President Dade Chapter of Mothers Against Drunk Driving. Our
offices are located at 13831 Southwest 59th Street, Miami, Florida. I want to
thank you, Commissioners, for allowing me to speak. MADD (Mothers Against
Drunk Drivers) is in support of Commissioner Joe Sanchez' proposal to enact an
ordinance that will prohibit the sale of alcohol between the hours of 1 o'clock in
the morning until 7 a.m. daily in the City of Miami. We feel that this ordinance
124 10/12/00
will prove to be a positive step toward deterring underage drinking. Traffic
deaths continue to be the leading cause of death in youth in the United States.
In addition, alcohol kills six point five times more young people than other
illicit drugs combined. Underage drinking is America's number one youth drug
problem causing death and injury to thousands of young people every year, and
underage drinking cost America fifty-three billon annually. Underage drinking
is a factor and the top three causes of death: Motor vehicle crashes, homicide
and suicide for young people between the ages of 15 and 24 years old. The 7 -
Elevens, Quick Stops, liquor stores, gas stations and Quick Marts are a major
supplier of alcohol to the. youth. It is easy for kids to coerce a friend who is
legal to buy the alcohol, and it is affordable. You can get a lot more beer for
your money at a packaged store than if you were to drink in a bar. Another
factor is that many clubs -- there are many clubs that are restricting entry for
youths under 21, leaving package stores as the primary source of alcohol. Coral
Gables and Miami Beach have each adopted this ordinance, or one similar, and
have felt that their communities are much improved. Miami Beach and Coral
Gables report less loitering, as well as fewer alcohol related incidents, as drunk
and disorderly behavior and domestic violence. This ordinance has lessened the
number of drinking drivers. Those drivers, who pull into the gas station, grab a
six-pack, jump back into their cars and pullout of the gas station, while popping
off a can of beer. It is our belief that this ordinance will improve the quality of
life in the City of Miami. MADD is not so naive as to think that the problem
will be eradicated by (inaudible) this regulation. We know that there will be
kids and adults that will find a way around the ordinance. That is not the issue.
There will be others that will be dissuaded. This is a life saving,. positive step
to the health, safety, and well being of our community. This ordinance will be a
deterrent to underage drinking, as well as drinking and driving, a deterrent
work.
Vice.Chairman Gort: Ma'am, thank you.
Ms. Montero: MADD is hopeful that other municipalities will follow the fine
example of the cities --
Vice Chairman Gort: Ma'am, I don't mean to be rude, but there are a lot of
speakers, and I said I would allow two minutes and I allow you three minutes
and forty-two seconds.
Ms. Montero: Yes.
125 10/12/00
Vice Chairman Gort: And I will have to do that, the same for the opposition.
Ms. Montero: OK.
Vice Chairman Gort: OK.
Ms. Montero: So, we support Joe -- Commissioner Sanchez' ordinance.
Vice Chairman Gort: Thank you. I guess you do. Next.
Mr. Fernando Gonzalez: Good evening. My name is Fernando Gonzalez.
Vice Chairman Gort: Fernando, bring the mike up.
Mr. Gonzalez: My name is Fernando Gonzalez. I represent an organization in
East Little Havana who have about more than seven hundred members of the
community. We have a very bad situation with, our --
Commissioner .Sanchez: Could you state the name for the record, "Vecinos en
Accion. "
Mr. Gonzalez: "Vecinos en Accion " is the name, yes. Our address is 300
Southwest 12th Avenue, Capital Shopping Center. The situation in our area with
the problem with the alcohol and the people who drink on the -- in those
business is very bad, very difficult. We know the situation of the zone business
that they have to improve their business of selling alcohol because the.
businesses probably are slow, whatever. We understand all the positions, you
know, but we.want to ordinance be passed because, in our neighborhood, every
weekend we try to clean our neighborhood with a group of people. We had the
group of people over here, part of them, cleaning 8th Street, more than the
garbage, what we pick on the street is bottles and, you know, and cans, you
know, thrown on the floor by the people who are drinking the whole night.
These people urinate, present to everybody. .They say bad words when they get
drunk. Do we -- we have seen many fights. We live in the neighborhood.
Probably some people here, they had the business in our neighborhood but they
don't live in our neighborhood. We are 24 hours over there with our children.
We have decent family. And we want to -- a big change has to be done and this
is the opportunity now. Please, do -- I know how much it is to have a business
in a neighborhood because I have business over here also, and what we are
trying to do is to prove that Ahis ordinance is necessary in our neighborhood.
126 10/12/00
We don't want to be -- the police, they cannot do too much. What the police can
do is go arrest somebody and the next day, the people are on the street doing the
same. This ordinance is going to prevent the situation in our neighborhood and
we want it to be approved, please. Thank you.
Vice Chairman Gort: Thank you. Anyone else?
Mr. Abraham Abramovich: Good afternoon. My name is Abraham Abramovich.
My address is 3601 Biscayne Boulevard. I have some problems about this
regulation. I will be very brief. First of all, I want to remind the
Commissioners, there is a state law that regulates the sale of alcohol and
tobacco in the State of Florida. Second. We, as business people, have a lot of
regulations that we have to comply. And I have heard the lady accuse the
service stations. Between the federal, state, County, and City government, we,
in some service stations, we have 34 licenses. Over forty-two hundred dollars
($4200) a year in fees that we pay. Third. Enforcement for the City police for
this regulation, more than one person have had the chance to request the City.
police services and they have seen the delay in the response time. This will add
to the delay and the burden of the police force in the City of Miami and any
other City. I also want to point out that the City of Miami is a City for tourism.
Everyday they land seventy-five thousand passengers in Miami airport. On a
long weekend, hundred and twenty-five thousand passengers. People from
Europe and South America are used to eat dinner late or have a drink late. I am
not talking East Little Havana. I'm talking about Coconut Grove. I'm talking
about Miami. If a tourist from Argentina, you want to tell him, "You cannot
drink a beer after this time," he will laugh. He probably withdraw his people
and they will probably say, "Miami is a City that goes to sleep early. It's not
New York." And that's a case that have been said by many Argentineans:
Vice Chairman Gort: Thank you, sir. You guys got one minute to -- that I gave
to someone else,. the lady in opposition.
Mr. Abramovich: I want to wrap it up, please.
Vice Chairman Gort: Who do you want to use that minute? It's up to you guys.
Do you want him to use it?
Mr. Abramovich: I will, yes.
Vice Chairman Gort: Go ahead, sir. Go right ahead.
127 10/12/00
Mr. Abramovich: Thank you.. I own a service station also in the City of Miami
Beach and I can tell you categorically that the City Commission has request
from the Police Department in Miami Beach a report about crime. The report
never was issued and from my personal experience -- I'm talking with the .police
officers. That's not the case. Crime is rampant. Domestic abuse is rampant,
but not because of alcohol. It's the social issues of our society. Accidents are
constantly up. You talk to anybody shop or any towing company, but the Bottom
line for this problem is the State regulates, you cannot sell beer to a minor; you
cannot drive and drink, no matter if you buy it at 1 o'clock in the morning or
you buy it at 10:00 in the morning. The law is the law. The law is in the books.
Last but not least, I want to remind the Commissioners, a French philosopher
during the French revolution, Rousseau de la Pompidou said, "The best
government is the one who governs the least." Please, don't. over regulate us.
Let's do our job, but don't by regulating. Thank you.
Vice Chairman Gort: Thank you.
(Applause)
Vice Chairman Gort: Next. Excuse me. We do not allow that in here. Please.
Thank you.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I am going to talk
as a City resident. I have the experience on the street, when I came from the
Army in 1963; 1 drove a taxi full-time for Diamond Cab from 1963 to 1972.
And then part-time from 1972 to 1983. It's a big experience. At the time of the
blue laws. I know those because everything -- all the liquor stores, they were
closed on Sunday and they were closing at 8 PM., and you know where people
were, across 27th Avenue to the County, right there, or they want to get money
and want to pay a taxi fare, they went to the -- hire me. Went to the Flagler
hotel within the City limits on Flagler and 6th and bought the drink, or went to
the Chandiclare (phonetic), which now is Tobacco Road and bought a drink.
You got more money. You could go to the 8600 to Johnson. So, actually, it
doesn't work. The people -- it shouldn't be -- like the least government is the
best. The more regulations you got, the worse it is. I can tell you from my time
in Cuba, there were two big factories making liquor. Nobody bothered drinking
anything because the liquor was right there. Cheap for everybody. It was not
forbidden fruit. The people were -- nobody was drinking it. And, you know,
that wasn't -- because the drinking thing, that's a question of the family. Your
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social habits that were created, not because you stopped something or you put it
there. Because look it, they get Ecstasy out there. They got all kind of dope.
People are taking that.' Amphetamines, which is worse. So, don't tell me about
that you put a law in the City of Miami that's going to stop the people from
drinking and driving. I think you should allow enterprise to follow it. People
want to do it, fine. But don't moralize people. That's what's wrong -- that's one
of the big things in this country. Do as I tell you, not as I do. Thank you.
Vice Chairman Gort: Thank you, sir. Next.
Mr. Hunter Chambliss: Good afternoon. My name is Hunter Chambliss. My
address is 2775 Southwest 27th Terrace. I'm here tonight on behalf of myself
and many other small business people in Miami, and I want to emphasize small
business people, and that's what we're talking about here tonight, not about
large oil companies. Everyone you see before you is an independent
businessperson. They have invested their lifetime, their hours of everyday, and
their life savings in these businesses. Sometimes building them themselves and
taking on an enormous risk. When these stations are built or entered into, for
all of us here, we entered into them under the supposition that we would 'sell
beer and wine and everything else, 24 hours a day. Beer and wine does not exist
in a vacuum in a convenient store. If you take that away, yes, it does hurt.
What else it does, it takes away your gasoline. It takes away your daily sales.
It takes away your convenient store sales, and it puts a tremendous burden on
the owner and operator. Some of us here and across the City actually teeter on
the line of "Will I be in business next month or next year?" If times are good,
maybe. If times are bad, we won't. But I can sit here and tell you tonight that
this.will put people out of business. These are families; hard working families,
and some will go out of business. Others might close down on the third shift,
but they don't take as much money home. Maybe make things very tough on
them. But there is another victim of this ordinance, and that's the people that
we all have working for us, making five fifty, six fifty, seven dollars an hour.
Some of those people will be let go. That beer and that wine that's put in those
coolers everyday, customers take it out. It has to be replenished. There are
people that do that. In my location we do that for a whole shift every day of the
week, with the exception of our weekends, where it's two shifts. Thank you.
Commissioner Winton: Where is your business?
Mr. Chambliss: 2775 Southwest 20th Terrace, US I' and 27th Avenue.
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Commissioner Winton: The Shell?
Mr. Chambliss: Yes, sir.
Vice Chairman Gort: Thank you.
Mr. Chambliss: Thank y'all very much.
Commissioner Teele: What was your name again, sir?
Mr. Chambliss: Hunter Chambliss.
Mr. Richard Fonseca: Good afternoon. My name is Richard Fonseca. I own and
operate a small.business here in Miami.
Commissioner Regalado: A small.
Mr. Fonseca: Excuse me?
Commissioner Regalado: It's not small.
Mr. Fonseca: It's a small business. I'm a straggling, small businessman, who
employs less than 25 people. I really. don't wantto repeat this. We have a time
limit here. Some of the hardships that I would personally incur as a result of
the adoption of this measure. I want to refer to the larger subject that the first
speaker and I already had spoke about. The City of Miami has struggled for
years to create an image over great cosmopolitan City that will attract tourism.
Part of the tourism comes here due to the fact that this is a City that has a lot of
attractions. One of the attractions that it has -- and I can speak to it personally-
-- is the ability of people whom like you said, come from Europe, different time
zones. They come to this City, to these expensive hotels here, especially in the
Grove, and they want to know that there are places. They are coming to a City
where there is a place that they can order -- a large order of very expensive
wine, very expensive champagne at 3:00 in the morning, if they desire to do so.
You don't realize that this tourist -- yes, Commissioner, I can show you
examples. My single largest order between those hours that you are talking
about came at 3:00 in the morning. It was a six thousand dollar ($6,000) order
for champagne, and it's not uncommon to see a limousine show up at my
business late at night to take a one or two thousand dollar ($2,000) order of
expensive champagne. So, in order this -- I don't want to say that I am a part of
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what makes this City great, but, certainly, I have contributed to the development
of the image of the City. Unfortunately, of course, once you build the image of
an attractive City, there is also going to be attractive -- the kind of people that
you don't and desire to come in. The lady at the beginning spoke for this
theme. I want to refer specifically to a case, a couple of years ago, where I had
a problem and my whole neighborhood had a problem with hundreds of kids
roaming the streets late at night. We called the police. The police were
basically overwhelmed, originally, but I spoke to Commissioner Regalado.
Commissioner Regalado put together (unintelligible) people, both from the
police -- am I ouf of time?
Vice Chairman Gort: Yes, sir.
Mr. Fonseca: Can I ask anybody else donate -- can I get another -- Thank you
very much. The Commissioner. spoke -- coordinated with the people from -- I
believe it's called NET (Neighborhood Enhancement Team). Some kind of
neighborhood organization the City of Miami has already created to deal with
neighborhood problems, and with the Miami Police Department. It took awhile,
but eventually we got rid of all the problems that existed for the whole
neighborhood. At that time, I can remember specifically that the neighbors
came to me to help them get rid of the problem, to help them get rid of the
vagrants and all the drunkenness, and the illegal activities or illegal behavior
that was happening or unacceptable behavior that was happening An our
neighborhood. I'm happy to hear a little earlier today that Commissioner Gort,
that you also have an experience with -- you mentioned with the lady -- with
working with people in the neighborhood to solve the problem. We, in the
business community, we're small business people, but, yet, we can help you. If
you ask for our cooperation -- in helping wherever there is a problem of
vagrants or drunkenness and in any way can be linked to our businesses; we are
more than willing to cooperate. We are more than willing to sit with you -and to
go through like the steps that apparently you went through and Commissioner
Regalado went through a few years ago. We are willing to help. Drunkenness --
we also have families -- we also live in the cities. We want to get rid of
whatever problems that are affecting our neighborhoods as much as the
neighbors are. But to castigate law abiding citizens, to curtail our businesses,
and to, in effect, hurt the image of the City that it has taken so long to create,
couldn't possibly be the problem. I ask you to reconsider. Yes, I realize that
there will be disorderly conduct, but there will always be disorderly conduct. If
I can steal just another half a minute here. I lived in New Jersey for many years
before I came here, and I ran businesses in New Jersey. My experience from
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New Jersey -- and I challenge you to please check me out -- in New. Jersey,
supermarkets, convenient stores, gas stations are not allowed to sell beer or
wine and, yet, the problems that we are referring to in the neighbors here are as
prevalent in New Jersey as they are here. So, that this industry -- my God, if we
listen to what the lady here said very passionately, we should be arrested and
maybe hanged for all of the damages we're causing to the society. I challenge
you to look at New Jersey. I left New Jersey now, luckily, 20 years ago. I
escaped from the asylum. But the fact is that while our businesses were not
allowed to sell beer or wine, still the same problems affected the neighborhoods
that are affecting it here today. Thank you very much.
Commissioner Sanchez: Mr. Chairman, I have a question for him. One is, do
you have .any businesses in Miami Beach?
Mr. Fonseca: No, I do not. I have an apartment in Miami Beach.
Commissioner Sanchez: And Coral Gables? No one was put out of business,
right, in Coral Gables?
Vice Chairman Gort: Excuse ine: You have to come into the mike.
Mr. Fonseca: You cannot --
Commissioner Sanchez: It's just a simple question. You could come up to the
mike. I just --
Vice Chairman Gort: You have to come into the mike and answer in the mike.
Commissioner Sanchez: I just want to clarify some of your arguments. I find it
very hard to believe that by you not selling beer from 1 a.m. to 7 a.m. is going
to put you out of business.
Mr. Abramovich: I would like to just to point out a lot of small supermarkets or
what is called Supermercados Latinos.
Commissioner Sanchez: None of them are open at 1 o'clock in the morning.
Mr. Abramovich: They were open and they went out of business. And the
regulation in Miami Beach is not 1 o'clock. It's 10 o'clock. And last but not
least, if you will ask Coca-Cola, which is non-alcoholic company, their .sales in
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Miami Beach went down 30 percent, Coca-Cola.
Vice Chairman Gort: Thank you. Next.
Mr. Rafael Ruiz: My name is Rafael Ruiz. My address is 3201 Coral Way. And
I also -- getting back to the point of Coral Gables. Yes, I did have service
station in Coral Gables, referred to (inaudible), for the simple reason is, the
limit of alcohol in Coral Gables, what happens is, you accrued a sense of
resentment to the customers because the customers do not understand that the
fact is that the City is requiring for this ordinance to go away. They are taking
a personal thing that my store does not want to.sell you alcohol. For the simple
reason is, the City is not so big as you look at it. They could. go out to the
extremities and purchase alcohol and they say, "Why is it in this extremity I
could buy alcohol and over here I can't?" It becomes a personal problem and,
yes, aggravation was caused at the service station because of this ordinance, and
we had to call in the cops to say this person has been acting disorderly because
the reason that -- they think it's either racial or .personal reason why we don't
want to sell them alcohol. So, yes, service stations have been closed because of
that. Owners have been changed. If you look at the changeover rate in Coral
Gables pertaining to convenient stores, it is a large rate. So, it .is a matter of,
yes, it does influence fluctuation and, maybe, if the sale of alcohol in
parameters is two, three hundred dollars ($300) a night, multiply -that by three
hundred and sixty-five days a year,. and you'll notice how much of a large
volume that really is. That is my input to that.
Vice Chairman Gort: Thank you, sir. Yes, ma'am.
Ms. Basilia Toledo: Comments in Spanish.
Vice Chairman Gort: We need to translate. Speak slowly so they can translate.
Ms. Basilia Toledo (translated by Sylvia Lowman, Assistant City Clerk): Good
afternoon. I am — I live at 13th Avenue. I cannot go out in the evening'because
I have beer cans around where I live on 13th Avenue. I can't go out at night and
there is all of this litter all around where I live, and I have to pick it up in the
mornings. Thank you.
Vice Chairman Gort: Thank you. Next. Yes, ma'am.
Ms. Bertha Ruiz: My name is Bertha Ruiz. I'm from 3281 Southwest 181h
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Terrace. As you saw, my son spoke before. I'm going to give you a point of
view. Maybe you haven't thought about it. I just sat here and I read about your
budget. We listen and listen about your budgets, trying to make ends meet, and
where you can raise your moneys. We have a big problem. You keep raising
while big corporations keep raising our rent and our royalty fees. You keep
raising the legal fees or licenses that we need, and then you are telling us we
can sell less. So, how are we going to survive? That's one point. And the other
thing is, I'm a mother, too. I am against drinking and driving. I have caught
eight people buying for minors and I have told them, I will report them to the
police because that is -- but in here we need to include then no tolerance instead
of three strikes, you're out, with zero and you're out. We need to have more
money for police, more jails. So, we have a community problem *'It's not an
hourly problem on selling beers. We need to dig really deep down, go and stop
the big problems that we have and then you can control the drinking and
driving. You can control beating of children and wives and husbands, and you
can control the menace in this society. So, we really have bigger problems than
having 1:00 to 7:00, because they can buy it at twelve and do the same thing.
They can have -- buy it at eight and doing the same thing. So, you're really not
doing it. And, like he said, we had a station that became a problem because it
was in Coral Gables and the people would cross Coconut Grove and then come
to Coral Gables and doing the same drinking.
Vice Chairman Gort: Thank you. Next.
Mr. Antonio Lopez: Yes. Good afternoon. My name is Antonio Lopez. I
operate a service station at 1991 Northwest 7th Avenue, Miami. As I read this
ordinance, I don't see in it any part ..that tells me how it's going to be enforced.
May I ask the Commissioner, has there been any provisions to enforce this
ordinance?
Commissioner Sanchez: Absolutely. Law enforcement.
Mr. Lopez: OK. My question then is, if we heard from the Police Chief that we
presently have laws that prohibit drinking in public and we presently have laws
that prohibit the sale of alcohol to minors and we presently have laws that
prohibit loitering or throwing the cans and the bottles on the street, if we take
that same police enforcement that we're going to use to enforce this new
ordinance and apply it to the existing laws that we have, is there a need to have
yet another ordinance on the books that, six months from now, nobody is going
to pay attention to? And let me tell you the end result on my humble opinion.
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There will be some business people that will follow the ordinance and do not
sell alcohol. There will be some business people that do not follow the
ordinance and will sell alcohol. What would be the end result if we do not
create a task force or some kind of enforcement to enforce that ordinance? And
if we create that, why don't we use it to enforce the existing laws that we have
that prohibit exactly the same?
Commissioner Sanchez: Well, it's within the best interest of everyone to obey
the law and if you don't obey the law, then .you get arrested or you get fined or
whatever steps are necessary from law enforcement. Chief, I mean; do you want
to elaborate on some of these statements here?
Chief Martinez: Hopefully, with this ordinance, what we hope to do is
compliance with the law. The more businesses that comply, it would take away
the enforcement effort because now, for those that want to drink after 1 o'clock
in the morning and want to go to wherever to buy a six pack, you know, now
they can't do it. Can they go somewhere else to do it in the County? Obviously,
they can do that, but we hope that they do that -- they do drink down in the
County businesses are drinking in the City of Miami. . So, if the businesses
themselves comply with the law, like most businesses normally do, most
businesses comply with 99 percent of the law to do that, it will help the
enforcement efforts. It will be our job to enforce that one percent that does not
comply by complaints from the citizens, but if we seeing people drinking in
public in front of that store, it is obvious -- at'least, it becomes obvious that at
the store selling li.quor, you know, after hours, at 1 o'clock in the morning, and
then all it takes to enforce one store versus arresting 10, 15 people. The
problem with enforcing the drinking in public is some of those people you arrest
them and you arrest them and you arrest them and you arrest them three, four,
five, six, seven times and they keep coming back again. It is very obvious that
if a store -- the few that will not abide by the law, should this ordinance pass,
that once. you make an arrest once, it is very unlikely that they'll do it again.
So, I mean, it will be an arrest once and they. won't come back and do it again
versus the homeless or the panhandler that will buy a beer today, panhandle on
the corner, get two bucks, buy a beer tomorrow, so -- can he do .it before 1
o'clock in the morning? Yes, he can.
Mr. Lopez: That's exactly what I was going to say. This not selling alcohol
from 1:00 to 7:00 in the morning is not going to prevent from those people pan
handling at 8 o'clock at night and buying the beer before that and consuming it
between 1:00 and 7:00 in the morning. I would urge the Commission to rethink
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and instead of throwing another law on the books that might be ineffective, use
the enforcement issue on the present laws that we have and make them work.
Thank you.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: May I ask of Chief Martinez. Now, are you suggesting
that, if this ordinance passes, that nowhere in the City of Miami would you be
able to buy alcohol at the hours that we're talking about eliminating it?
Chief Martinez: You would be able to buy it in a bar, in a restaurant, you know,
to -- for consumption -- in premises, consumption. You would not be able to
buy it to take it away from the premises. That's the way. I understand the
ordinance. That, if it's after 1 o'clock in the morning, you can't go -- if there is
a Publix that is open after 1:00 in the morning, obviously, the Publix on 50
Street and the (unintelligible) is open that late. I don't think it is. But. if there
is a Publix that is. open 24 hours, you will not be able to come after 1 o'clock
and buy a six-pack of beer.
Commissioner Teele: Let me ask you this. And you know my, strong view on
this. I must admit, you know, I've never been in opposition to an initiative
that's been supported by MADD in my public life, and I deeply regret that this
appears to be the first time I'm ever going to be forced to cast a vote in a
position that they would not like to see me do. And it gives me great concern
and I'm deeply troubled. I'm deeply grateful that MADD came, the
representative of MADD came down, and I'm deeply troubled by my own
position on this. But we're saying now that nowhere in the City of Miami, other
than say in a hotel or a private club --
Commissioner Sanchez: Restaurants.
Commissioner Teele: Or a restaurant
purchase alcohol in the City of Miami?
Chief Martinez: That is correct.
After 1:00 would anyone be able to
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Commissioner Teele: All right. Well, that doesn't bother me personally. But it
does bother me casting a vote against, what? Really we're trying to regulate
lifestyles and social patterns. The issue that.you used of the panhandler, who
has been arrested six and seven and eight times, is really a social issue. I mean,
this person is a victim as much as anyone else is. That person needs probably
professional, mental, or even drug abuse help. But I just want to get this
straight because before you could buy it at the Winn Dixie_ or the store, the
grocery store, and under this ordinance, as it's being offered, you could not buy
it in a grocery store? Is that right, Mr. Attorney?
Mr. Vilarello: After 1 AM, you cannot --
Commissioner Sanchez: After 1 a.m.
Commissioner Teele: After 1 a.m. Well, OK. So, who are we protecting here?
Who's the sacred cow in this thing? Who's going to get the deal? Where is the
deal here?
Commissioner Sanchez: There is no deal.
Commissioner Teele: Well, theoretically. Let me ask you this. The hotels will
be all right. They can -- hotels of a hundred people -- how does that read?
Mr. Vilarello: After 1 o'clock, beer and wine bar, liquor bar, for consumption
- these are all for consumption on premises. A hotel, a motel --
Commissioner. Teele: Well, wait, wait, wait. When you say consumption on
premises, -- so, you could go to the bar of the Intercontinental and buy a bottle
and take it up to your room?
Mr. Vilarello: Well, no. You can go to a bar and consume alcoholic beverages
on the premises. There is an additional exception that allows you to consume at
hotels, motels, and apartments, private clubs or a retailer waterfront specialty
center.
Commissioner Teele: What?
Mr. Vilarello: Any establishments --
Commissioner Teele: Read the last one.
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Mr. Vilarello: In a retail or waterfront specialty center.
Commissioner Teele: What is a retail or waterfront specialty center, other than
Bayside?
Mr. Vilarello: Bayside. Bayside Marketplace.
Commissioner Winton: Monty's.
Mr. Vilarello: That, by the way, is existing --
Vice Chairman Gort: Bayside, Monty's, and --
Commissioner Teele: Huh? Well, hold it. Look. What is a retail waterfront
facility establishment?
Mr. Vilarello: Retail or waterfront specialty center --
Mr. Lopez: The marinas that are -.-
Vice Chairman Gort: Excuse me, sir. You'll get an opportunity later.
Commissioner Teele: So, if -- would I have to consume it on the property, as
that's written?
Mr. Vilarello: Yes. Because all of those are incorporated for consumption on
premises establishments. And I'm told Coco Walk, as well, would be --
Commissioner Teele: How -- you're to buy who? Who is the lawyer?
Mr. Vilarello: It's retail or waterfront specialty centers. There are two that
qualifies, Bayside Marketplace and Coco Walk.
Commissioner Teele: Well, why are we going to let them do it at Bayside and
why are we going to let them do it at Coco Walk?
Mr. Vilarello: Because those are consumption on premises establishments and
that's existing -- the existing status of the law.
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Vice Chairman Gort: The difference is those people would not be able to buy a
six-pack and take it out with them. They cannot provide that type of service., am
I correct?
Mr. Vilarello: Yes. This prohibits the sale at locations that sell not for .
consumption on premises.
Chief Martinez: And, Commissioner, there are establishments that can buy it,
but they cannot consume it inside the premises, at the 7 -Eleven or at Publix or
the gas stations. They've got to take it away and consume it somewhere else,
home, whatever.
Commissioner Tee.le: You know -- I mean, I've spoken against this for one
reason. I just think that everybody doesn't live -- everybody -- when I was in
Washington, the one speech I would always give to my staff is that everybody in
America doesn't come to work at 9 o'clock on Monday and go home at 5 o'clock
on Friday. There. is a much bigger world out here. That's when I was in
Washington writing regulations. Everybody doesn't work from 9:00 to 5:00, and
to those people -- I used, I think, the airport before. That's the largest generator
of employment. They work around .the clock. Somebody saw me on the street
and said "What about the people at the Port?" The stevedores, the people that
work out there? Well, that's true for them, too. But the fact of the matter is,
someone else pointed out the fact that nurses and people at hospitals work
shifts. You know, everybody in this country doesn't work the hours that I work
and vice versa. And I just think we need to be very, very careful, what is the
evil that we're trying to regulate? You know, that only occurs between 1 a.m.
and what is it, 7 a.m. -- that same evil doesn't occur between 11 a.m. and 4 p.m.
I mean, what -- and I'm just really concerned about the intrusion of government
into what is essentially a lifestyle issue that we're trying to regulate. Now, the
other issue that really bothers me is, Biscayne and 87. Biscayne and -- where is
the City line?
Commissioner Regalado: Eighty-seven.
Commissioner Teele: Where is Biscayne and -- you've got three cities that come
together --
Commissioner Regalado: The seafood restaurant over there.
Commissioner Teele If you're on one side of -- it's even -- not even of the
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street. You've got one block in there that you've got E1 Portal in one place and -
- so, the liquor -- the Shell oil guy there at 87 and Biscayne is in E1 Portal.
Where is he?
Chief Martinez: I think he's in the City, sir. I think the Shell gas station --
Commissioner Teele: No, no, no. That -.-
[Comments off the record]
Unidentified Speaker: Shell would be in the City -- the west of El Portal.
Commissioner Teele: What would be?
Unidentified Speaker: The West Star, the one across the street.
Commissioner Teele: The West Star. The West -- whatever it is. Because --
you know, it's really nice. I see the City of Miami Police and the E1 Portal
Police all there waiting to grab somebody sitting in the same parking lot. I
mean, real governmental cooperation. Little agency, little intergovernmental
cooperation. But, I mean -- so the guy or the woman that owns the station there
on one side of the street has got to shut down -- you're not changing anything.
So, what are we really talking about regulating? I mean, I think what
Commissioner Sanchez is trying to do is absolutely one hundred percent correct
and it's to be commended. And I am really concerned that MADD has. taken the
position that they are taking, because I really want to support MADD because
they have done a tremendous job. Mothers Against Drunk Drivers have done a
tremendous job throughout this community and throughout this state and this
station, but I'm really concerned now that we're reaching into an area that we're
going to have some unintended consequences that none of us really have thought
through. The same thing is true in the district I represent. The guys on 22
Street and there are at least four of them right therebetween 46th and 79th. They.
are all saying, "Hey, Teele, that's a good ordinance. Go ahead and do it." You
know, because everybody that's on 17th is shut down but everybody on 22nd is
wide open. So, it's -- again, I guess the other side of that argument is the
journey of a thousand miles starts with the first step. Is that one of your lines?
I'm sorry. Well -- and we do have to take some first steps. I just wish we could
take this under advisement and maybe try to figure out a way to try to work with
the industry and not keep having this thing for first reading and not because --
everybody here is working pretty much, except one or two, I guess, are working
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for themselves and it's costing them money to be here and what we don't want to
do is keep bringing them down because this is the second first reading, which
means they are going to have to come down again. And I really wish we could
take a 90 -day or a 30 -- 60 -day or something, come back and see if there is a
way we can put together to an industry. If you don't want to do it, I mean, I'm
not going to put that pressure on you. I just wish there was another way because
I cannot support the ordinance only because --
Commissioner Sanchez: And I understand. I understand your position.
Commissioner Winton
Commissioner Sanchez
But I -- excuse me.
Why don't we just --
Commissioner Winton: I think we need to get the public comments out of the
way so we can hear them and then we'll --
Commissioner Sanchez: And then we'll --
Commissioner Teele: Oh, I thought they were -- OK.
Commissioner Winton: No, they are -- so, then, we can get our debate done and
vote.
Commissioner Teele: I apologize. You're absolutely correct.
Commissioner Regalado: I just want to ask a question for the Chief. What is
the response, time should any of them have one or two people drinking right in
front of the service station,, loitering and throwing cans? In — let's say, in the
Shenandoah area, what would be the response time? You have -- during the
night you have four -- three or four units in that area, is that correct, more or
less?
Chief Martinez: Roughly, depending. Commissioner, it's a difficult question to
respond because it depends the date, the time. It could be five minutes. It
could be in a real busy night. Half an hour for that to respond. It depends how
many other priority calls. We dispatch based on priority. If, at the same time,
they call that somebody is harassing them or somebody that they told them, you
can't drink in my store, then drinking in front of their store and they want a
policeman there, at the same time there are a couple robberies, there is a
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shooting going on, that falls under -- you know, those calls have to be handled
first and we rush to that. Some days there may not be nothing going on. It
could be an officer driving down the street. He could be there in thirty seconds.
I mean, we have the average response times for most calls by time of the day
that could give you that but you know, I can't say specifically in the Shenandoah
area after a certain time of night. I'll be just guessing what that number would
be.
Commissioner Teele: All right. Commissioner Sanchez has said he doesn't
want me talking anymore on this. Gave me the gavel and we're going to hear
from the public. So, let's -- I'm going to yield back to --
Vice Chairman Gort: We can have all kinds of discussions afterwards.
Commissioner Teele: But let's hear from the public. Please try not to be
repetitive.
Mr. Juan Carlos Diaz: OK. My name is Juan Carlos Diaz. We own three service
stations in the City of Miami. We were one of the business owners that met
with Commissioner Sanchez and I think he should be commended in proposing
what he's proposed because I think, in general, what he wants is for the City of
Miami to be better than what it is right now, and I think all of us are in favor of
that. But there are some things that we came that day that worried me and I'd
like to give an example because it's a lot easier to understand when you hear of
a particular situation. We own a station on 8th Street and 37`h Avenue. It's a
Shell station, which is on the east side of the yellow line dividing the City of
Coral Gables from the City of Miami. There is a panhandler that's been there
for months and months and months, and the pan handler knows that he can't
cross that yellow line into the City of Coral Gables because he will be picked up
and he knows it causes problems. He jumps the line over here under the City of
Miami, which is where we have to deal with him,, and he gets by day after day
after day. It culminated this weekend in that he got arrested by the City of
Miami Police Department for sexual assault on a minor at the bus stop right in
front of my station. Those are the things that us, as business owners -- and I
don't live in the City of Miami. Actually, I don't -- I don't actually live in the
City of Miami. I sleep in Dade County, but I live in and work in the City of
Miami, and it bothers me that the City of Coral Gables, for some reason, can get
their laws enforced much better than us. And I'm the first one to vouch for the
gentleman that sat up there. If the City of Miami Police Department needs us,
we're very active in all of our NET offices. To help them, I think all of us is, in
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10/12/00
general, should make an effort, with Commissioners, with the police, to try to
make it work because it's tough in business to get more and more things laid on
you and to try and make ends meet.
Commissioner Teele: All right.
Chief Martinez: Commissioner, if I could respond to that because he's
comparing us to Coral Gables. I'm not sure what Coral Gables. make those
arrests, but if pan handlers not against the law, it's not against the law in the
City of Miami, in Coral Gables, in Miami -Dade County, aggressive pan handling
is the only thing you can make arrests. And we used to make panhandler arrests
by the millions until we were told it's illegal to do that and stop doing that.
Believe me, if it were legal today that person wouldn't be doing there tonight as
we speak. We have to, whether we like it or not, abide by the law. Whether the
Coral Gables abides by the law or not, I'm not sure.
Vice Chairman Gort: But the question is, how can Coral Gables do it and we
can't?
Chief Martinez: But don't forget, Coral Gables is looked under a different glass
as the ACLU (American Civil Liberties Union) looks. The ACLU have, for
many years, an still has, an attorney that looks through every arrest form that
the City of Miami performs to see if we have violated the civil rights of any
individual in the City of Miami.
Vice Chairman Gort: The reason I asked the question because I think it's
important for people to understand that we have to put up with the judicial
system and laws that took us 13 years to get rid of it. It took us 13 years to get
rid of this and if cost us one point two million dollars ($1,200,000)? Am I
correct?
Chief Martinez: It cost -- and the
issue we lost
the panhandling
was, if we
allow the Optimist Club to stand in
the corner and
ask for money,
if we allow
the people for the blind to stand in
the corner and
collect money;
if we allow
police officers and firefighters to collect
money on
the corner, how
can we not
only because the person smells or
looks dingy, to arrest them because law
enforcement agency --
Vice Chairman Gort: I wanted to make sure that they understand the reasons, the
differences. Thank you, sir. Juan Carlos, thank you. Anything else you want to
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add?
Mr. Diaz: No. I mean, maybe that's an ordinance. we need to pass.
Vice Chairman Gort: No. But the problem is --
Mr. Diaz: Right. But what I'm saying, maybe the ordinance we need to pass is
that you can't panhandle. I don't care if you're a police, a Fire Department --
Commissioner Winton: We can't pass that ordinance. The Feds have blocked it.
Commissioner Teele: It's America. I sure hope that boy is out there watching
TV today because he's in trouble tonight if he --
Vice Chairman Gort: Yes, ma'am.
Ms. Laura Gonzalez (interpreted by Sylvia Lowman, Assistant City Clerk):
Hello. My name is Laura Gonzalez. I belong to Little Havana and to "Vecinos
en Accion." OK. I'm going to speak from my heart because I -- I'm referring to
the Little Havana area where I live because there is a lot of disorder. We see
gangs, trash, prostitution, of everything a little. Unfortunately, we, from that
community, suffer the consequences. I am going to refer about -- when you take
children to the parks, you see a lot of people drinking and a lot of bottles,
broken bottles, which are dangerous to walk on and you can cut your feet.
There are drunks around 2„d Avenue and Stn Street and they speak foul language.
I urge you to please do something for our community. We don't oppose to the
sale of alcoholic beverages, but there must be regulations. Don't allow
consumption on the street. Take the beverages home. Thank you.
Vice Chairman Gort: Thank you. Next.
Mr. Miguel Labrada: My name is Miguel Labrada and I operate the Amoco at
2301 Coral Way. If you pass this law -- at the beginning of the meeting of
today, you were talking about income. You people need money. If We lose
income, the City of Miami is going to lose income because we pay taxes. We're
citizens. We're hard working people. I get up at 5:00 in the morning and I go
to my business at 6 o'clock in the morning, stay there, work 12 hours a day to
sustain my family. And I have five or six employees. If I go down, I have to
cut down on personnel and some -- a lot of those people over here are going to
have to cut back on personnel. So, you're -- the only employment in the City of
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Miami is going to come out. It's going to come up. And this law is not going to
do anything. I had problems in my station, very little problem. The response
time for the police to get there was thirty-five to forty-five minutes. And we're
not people that -- we're customers of people that we're buying. There were
homeless people that were going around. Crazy people that. came from
somewhere else drunk, and the police took forty-five minutes to get there. I had
one person, at 9:00 in the morning, that start throwing rocks at my business
about a year or two years ago, and the police. took one hour to get there. And
after one hour, then I got twenty police officers over there and they couldn't
control the guy. This law does not going to fix. the problem. I feel sorry for
these people and we are willing to work with them. We are willing to work with
you. Commissioner Regalado something with the police on the alleys on 23 --
Coral Way and it worked. We cleaned the streets over there. We cleaned the
homeless. I don't allow homeless people into my business and I don't sell them.
It's private. I serve the community that is there and that community, if they feel
like you're hurting that community, if they feel like drinking a beer at 1 o'clock
in the morning, they cannot go to the station, they are going to have to grab
their cars and drive to Dade County or drive to Hialeah and come back or to the
line and come back. That's going to be more harm. It's going to cause more
accidents and all that. So, you know, we're hard working people. Please let us
operate. We have enough. The police -- the laws are there, the police can
enforce them, make them enforce them. We need to operate loose. Thank you.
Vice Chairman Gort: Thank you, sir. Next.
Mr. Alan Rosenblum: Good afternoon. My name is Alan Rosenblum. We own
the station on 3601 Biscayne Boulevard, and the problem is th"ere but I don't .
think the way it's being handled is correctly. We. are business people working
hard and I think the laws exist. I think we need to enforce the existing laws and
not make new laws. I think we need to punish the people who are guilty of
breaking the existing laws and not punish the working and business people.
Because this is not only affects sales of alcohol. This affects everything.
Cigarettes, candy, soda. People come into your store. There are other items
that they purchase. If they cannot come in for beer, they may not come 'in at all
and you lose more business. Losing more business, you lose employees. You
have people working for six dollars ($6) an hour that will lose hours or maybe it
won't put us out of business, but it will definitely hurt our business and it will
hurt the working people. It will hurt our vendors, the people that sell chips; the
people sell soda to us. I mean, this is a big effect on everybody and I don't
think that controlling our hours is really going to solve the problem at all. We
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• •.
have a store in the City of Miami Beach and, like Commissioner Teele said, you
go across the street -- we have one on Miami Beach. We have another store in
the City of Miami. So, the people in Miami Beach drive over the causeway.
They come to the City and they buy their beer' in the City and they go back
home. Also, if people take the beer home, I think it's safer than going to a bar
consuming alcohol in a bar and getting in your car and crashing and killing
somebody. Why is that allowed? I think it's safer for people to take the
alcoholic beverages home. Thank you.
Vice Chairman Gort: Thank you, sir. Next.
Mr. Pablo Canton: That gentleman over there has been waiting for awhile, so --
Vice Chairman Gort: That gentleman is a staff. He can wait.
Mr. Canton: My name is Pablo Canton. I'm the East Little Havana NET
Administrator and I get a lot of calls and complaints, like Commissioner
Sanchez --
Commissioner Sanchez: Just out of curiosity, Pablo, how many complaints do
you get on an average pertaining to people drinking, you know --
Mr. Canton: Two or three times a day. We got people with the same problem.
And like the Chief of Police was saying, the police are arresting some of these
people, and the same people all the time and it's almost impossible to get rid of
them. I do work with "Vecinos en Accion." I know the problem the lady is
talking about, 15"' Avenue, of people buying the beer and then, you know,
drinking out there all over the place and urinating. We talk about tourism. I
really hate to see a tourist go into some of these places and see what .these
people have to live with. Again, we do not have E1 Portal across, so we don't
have that problem that they can buy it across the street. Our whole idea of this
ordinance is maybe if they can have to go to Hollywood or Ft. Lauderdale to buy
the beer. Let them do it. But let them get away from the area. We only
restricting, and we're not closing anyone. Again, we're not closing them. for.
selling gas or milk or candy or anything else. We're just restricting the hours of
sale of beer and wine between one and 7 o' clock in the morning. I really don't
think that that many people or tourists that will go to the gas station or a
package store at two or 3:00 in the morning to buy a beer. Yes, they can
actually buy a beer. The gentleman said, well, it's worse to go to a bar and
drink a beer than go driving. What is going to stop any of these people -- and
146 10/12/00
remember, people like to drink beer cold. If (they are half an hour away from
home, what is going to stop -- whose going to stop them from popping out that
beer and drinking on the way home? I mean, all we're doing and we're trying to
help is to regulate the problem that we. have in the community and to help those
people that live in that community -- and I feel sorry for those that have
business, but I don't think that what you are giving, which is probably just a few
dollars -- and we're not, in any way, trying to close anyone. But the safety of
the people and the quality of life that we're talking about for those residents that
live around your business are being affected and we're just trying to help them.
Thank you.
Vice Chairman Gort: Thank you, Pablo. Pablo, and I told the Chief the last time
we were here, if we pass this, we're not going to have any more problems. Are
you going to guarantee and the Chief is going to guarantee --
Mr. Canton: Between one and seven, we're not going to have that --
Vice Chairman Gort: -- that we're not going to have people drunk, walking the
streets and so on? OK.
Mr. Canton: We're not going to have drinking in public. I don't think we're
going to have that many drinking in public between one and seven. That's for
sure.
Vice Chairman Gort: OK. Well, I'm going to ask for some .of the statistics later
on.
Mr. Jorge Sarilla: My name is Jorge Sarilla, 690 Northwest -57 1h Avenue. I'll be
brief. I promise. I would like to commend Commissioner Sanchez in the
initiative he has taken with the drinking problem. By the same, I would. like to
commend Commissioner Teele for taking a position in which he's at conflict
with his moral standard, but he knows the law is the law and that's what has to
prevail. I feel very much for the lady that talk from MADD, as well as Laura,
and "Vecinos en Accion." However, Vecinos en Accion are .talking about the
cans and the bottles on the street. None of them can tell me at what time of the
day those bottles and cans were bought. I'm sure that Laura that lives in East
Little Havana and she says, she's got the problem with all the drugs over there,
that she sees on the street. I'm sure that's not between 1 a.m. and 7 a.m. because
probably, Laura is not -- Laura is not on the street with her kids at that time.
So, to be -- again, to be brief, the problem -- we got a problem. We want to
147 10/12/00
• •,
work to solve the problem. We want to be part of the solution. We don't want
to be against regulations that will work. But believe me, there are plenty of
regulations right now that, if we enforce them, and if we are able to work with
them, we don't need more regulations. What we need is to enforce what we got.
Thank you very much.
Ms. Montero: My name is Merysabel Montero.
Vice Chairman Gort: Thank you, sir. Excuse me, ma'am. Ma'am, I already gave
you three minutes. And there are a .lot of people that still want to speak. I
understand the young lady back there would like to speak. She's been standing
there for a while now.
Mr. Leonor Iduate: My name is Leonor Iduate. I'm the owner of a gas station in
Coral Way. I don't think that ordinance will help anybody, really. It will
damage us. It will be less income for us; less opportunity for our employees,
and the streets will not be cleaner. Not necessarily if you find a can, it means
that you bought it at the gas station. You probably bought it in a pub or a club.
So, why do we get the punish? And now why the clubs? Why not emphasize
more in drinking and driving? People that come from nightclubs or restaurants
and things like that. It's better to buy a six-pack and take it home and drink it
than come out from a nightclub drunk. And most people do or, at least, if you
have two glasses of wine, you're ,over the limits. So, to me, that is more
dangerous than actually buying a bottle at the gas station. That is not really
going to solve anything.
Vice Chairman Gort: Thank you. Yes, sir.
Mr. Manny Escobar: Yes. Hello. My name is Manny Escobar. I also have three
stations in the City of Miami. I met with Commissioner Sanchez about this
ordinance and I agree we have a problem in the City with the drunks and also
people urinating in public and throwing away bottles and beers, whatever. But I
just don't understand the discrimination.between a gas station and Coco Walk or
Bayside. I mean, you can't tell me that, in Coco Walk, every single night you
don't have a hundred drunks on the street. So, how is it possible that they. can
discriminate against us business owners to stop the drinking and not in Coco
Walk or maybe in Bayside? I mean, nobody here believes that, in Coco Walk,
we don't have drunks. Am I right? I mean, you go -- I don't go anymore to
Coco Walk, and I was born and raised in Miami because of the amount of drunks
on the street every single night. Now, also, I just can't understand how the
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Chief of Police or how the police officers can patrol now. So, on top of the fact
that they have to stop all the drunks and disorderly people on the street, how are
they now going to go to every single gas station, every single night to make sure
that we're not selling beer at one in the morning? So, if they can't 'do that
patrolling now with the laws in effect, now we have another ordinance that they
have to now, not only stop the drunks on.the street, but make sure that we're not
selling it to them between one and seven. I agree to the problem. I want the
City -- I had a gas station that I would go -- I still do -- many times a night and
stop the drunks there from the fighting or for the disorderly conduct. We don't
sell to the people that are drunk when they come to the station. I'm sure other
people do but there has got to be some other solution to this problem that's not
preventing us from sending out -- even though you don't understand it, when
somebody comes to our gas station and maybe buys a beer or six pack, they
might also buy chips or cigarettes, so that's also taking away from that sale. So,
it is hurting our other sales. And I agree with Commissioner Sanchez and also
Commissioner Teele. I'm for MADD a hundred percent, but there has got to be
some area here where we have got to find some middle road or something has
got to be done, but I think this is just not the way of doing it. Thank you.
Vice Chairman Gort: Thank you. Ma'am, would you like to add something you
did not add before? Would you like to add something that you did not add it
before and you have thirty seconds? Thank you.
Ms. Montero: Yes. My name is Merysabel Montero. As a citizen, I live in the
City of South Miami. I'm also a victim of a drunk driver, and for nine years I
had been doing -- every month I had been conducting the Victims Impact Panels,
where more than two hundred and fifty drunk drivers and Hispanic Victims
Impact Panel only. For nine years they had been sent by the judges to this
Victims Impact Panel. That is a community problem that we have with the
drunk drivers.
Vice Chairman Gort: Thank you.
Ms. Montero: It's a very bad community problem that we have with the drunk
drivers.
Vice Chairman Gort: Thank you, ma'am.
Ms. Montero: It's a very bad community problem. What we are trying. here is to
protect the youth --
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Vice Chairman Gort: Thank you, ma'am.
Ms. Montero: That they don't go to the hotel. They don't go to expensive
places. They go to the accessible facility or the package stores. That's where
they buy the drinks, the beer.
Vice Chairman Gort: Thank you, ma'am.
Ms. Montero: Thank you
Vice Chairman Gort: Appreciate it. Thank you. OK. We will now close the
public hearings. Sorry, ma'am. We have to close the public hearings.
Ms. Montero: I want to add one thing. What about the expense to control that in.
the gas station?
Vice Chairman Gort: Yes, ma'am. We'll take a look at that.
Ms. Montero: You have people walking in. How do you do that?
Vice Chairman Gort: Ma'am, we'll take a look at that. Thank you. We'll now
close the public hearings. Have comments among board members. Now, let me
ask you a question. East Little Havana, between the river and 22"d Avenue or
17th Avenue --
Mr. Canton: Seventeenth. Seventeenth Avenue Sir.
Vice Chairman Gort: How many bars do we have on 7th Street, Flagler, 8th
Street, 81h,Avenue, 12th Avenue?
Mr. Canton: You're talking bars or package stores or liquor --
Vice Chairman Gort: No. I'm talking about bars, where people go and drink and
come out of there and so on? And how many cafeterias do we have that we've
been working on and trying to close them?
Mr. Canton: We have about six bars and eighty-five cafeterias.
Vice Chairman Gort: Any comments? Go ahead. Any comments anybody.want
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to speak on this? Commissioner Winton.
Commissioner Winton: I've listened to all the points of view and, frankly, the
whole issue in the neighborhoods is an issue that resonate strongly with me
because it was the primary campaign platform that I ran on, and that's clean up
neighborhoods. And I've listened to all the folks that own the businesses and,
by the way, I'm sure that all of you are very honorable and good business
people, but I'll tell you, there are other people in your business out there who
are -- how do I say this politely. They are not my friend because they don't do
the kind of job in helping us that y'all do. And, so, you might begin to work on
putting pressure on some of your brethren out there who do absolutely condone
drinking in their facility. I don't care what time of day or night it is. But that's
a separate issue. I think that this issue -- I don't think this lawis going to do
anything to solve the problem at all. I think this, frankly, is a City of Miami
code enforcement and police enforcement problem. And I. think that the fact
that we're arresting these people four, five, and six times suggests to me that
we've got to do more work with the State Attorney's Office as we've done on a
number of occasions to get them to put these people in jail because if you're
getting arrested over and over again, that is a problem. And I think, in terms of
-- and somebody said it out here. I've always hated punishing everybody out
there because there are some minorities over here that's causing a problem. And
I'm not big on setting up new rules and regulations, but I think we do have the
tools already on the books to solve these problems. What I think we're going to
have to do is figure out how we're going to better utilize those tools and be
more aggressive in the use of those tools to clean up the neighborhoods. And I
think what Commissioner Sanchez wants is -- he's looking to this law to solve a
bigger problem. The bigger problem is cleaning up his neighborhood. Well, I'm.
looking to the same thing in my neighborhood. Let's clean up the
neighborhoods. And I've said from day one that our community has the
resources itneeds to clean up the neighborhoods. I've said from day one, we
don't need new laws. We don't need new regulations. We don't need much of
new anything. We've just had a history of a lousy administration and, frankly, a
history of lousy politicians over the course of the past or twenty or so years,
who didn't care about all of these things, but we've got an administration now.
We've got elected officials now who care greatly about these neighborhoods and
are focused on these kinds of issues. So, I'm not enthusiastic at all about
passing a new law that's going to penalize these folks out here. I would rather
spend a lot of time, Chief, working with you and thinking out how we can
utilize our resources in a better fashion. I'll step to the plate any way that I can
to help so that we can get after the real bad guys, not punish everybody else, but
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focus just on the bad guys and get them put where they need to be. So, that's, I
guess, how I feel about this.
Vice Chairman Gort: Any other comments?
Commissioner Teele: Mr. Chairman, I sincerely want to commend my
colleague, Commissioner Sanchez and MADD and others because I think there is
no question that what Commissioner Sanchez is proposing is designed to try to
get at a problem that I am in agreement with him on. I cannot bring myself to
vote for something that, as I look back on all of my experiences in life, it just
doesn't strike me as.being fair to all of the economic forces that are both a part
of the problem and a part of the solution. There is nothing per se wrong with
running a convenient store or a service station. In fact, it'sin the greatest
American tradition. Nowhere do you find more owner -operators -- you know,
maybe except in the taxicab business but as a business, you all are unique
Americans. You put it on the line everyday. And much of what is going to
happen on your vacation depends upon what happens three hundred and fifty
days of the year. I mean, this is not a fat business. We all know the economics
of the gas business. You don't really make a lot of money on gas. You make
your money on the commodities that you sell. Unfortunately, most of those
commodities are what we would call vices, cigarettes and alcohol. I mean -- but
I have to put myself in the same position that I've advocated as the head of the
National Business League for African American businesses all over this country,
with the exception of churches, barber shops and beauty shops, most of the
African American businesses throughout this country are somehow tied with
disproportionately with the sale of food and alcohol and cigarettes. And, so, I
have worked hard at not adversely impacting small and minority business
owners. The final point is this. In 1974 we had a tremendous energy crisis and,
more than anything else, it changed my life when President Carter proposed to
close the gas stations on weekends. I was very privileged at that time to
represent the Daytona Speedway, and I was their top governmental
representative. And when I went to Washington as a young lawyer from
Tallahassee, the only thing that I could convince Congressman Dingle and the
majority of the members of the Congress is this. The problem is not selling of
gas Monday through Friday or not closing the gas stations on Saturday and
Sunday. It's a seven-day a week problem. And if you're going to close gas
stations, you've got to roll that impact throughout the economy.. In other words,
what we wound up getting Congress to agree, gas stations will be closed for five
days and it must rotate Monday through Sunday. I have no problem closing
service stations for six hours, as long as we're not closing them between 1 AM
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and 7 a.m. If we want to close them six hours and roll it around some kind of
way, I don't have a problem doing that. But just to single out 1 a.m. to 7 a.m.
just strikes me as really hurting a lot of blue collar workers who don't work
from nine to five, who happen to have shifts, who happen to have jobs, and most
of them are not going to be going to hotels to have something. And I don't think
we ought to penalize people based upon their lifestyle or their station in life.
That's clearly not Commissioner Sanchez' intentions. That's clearly not the
intent of this legislation. But the practical effect is, we're basically saying.that
it is all right to sell alcohol from 7 a.m. to 1 a.m., but it's that other period of
time and I just can't see the harm that is being done there. I asked the attorney
if there is any way to get to the MADD issue. Could we limit the age? In other
words, could we say between 1 a.m. and 7 a.m. -- if we're trying to get a youth
and youthful drinkers, is there some way we could say you have to be 25 or 26
to come in? The state has preempted that, so that's not an option. But I really
do believe that there has got to be a way to address what Commissioner
Sanchez, MADD and others are saying. I just cannot support this particular way
because of the adverse impact on working people and, quite frankly, blue collar
people who may not be working nine to five, Monday through Friday. So, I
want to support you, Commissioner Sanchez, and I want to be very supportive of
this very good intention. Unfortunately, I will not be able to cast the support.
But I do think this -- we ought to either pass this thing or kill this thing because
I really don't want to say we're going to look at it again and then have a lot of
people having to take off from work. And I think we owe it to ourselves to
either approve it or disapprove it and then stick by whatever we're going to do.
So --
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Regalado: I just -- very brief comments. I've listened to -- I've
voted against for several reasons. I just want to say that, since we're talking --
Commissioner Teele talk about his time in Washington -- I want to say that I
spent several weeks in 1991 covering the Gulf War. I was in Saudi Arabia and
Kuwait. And the Pentagon, I learned, at that time, had two terms to describe
what was going on. Whenever American soldiers were killed by mistake, they
call it, "Death by Friendly Fire." And whenever' civilians were killed, they call
them, "Marginal Casualties." And I think that Commissioner Sanchez has the
knowledge -- we're blessed to have a trained trooper here that understands the
crime situation, but.what we're doing here is that we're killing some people with
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friendly fire. I live in an area where I have about four service stations within, a
four block area of my house, and I would hate to see those service stations
closed during the early morning hours if they don't have business, because I
know that they are open and when you're open, there is movement, and when
there is movement, there is no crime. So, I would really not like to see service
stations that are open 24 hours a day closed from 1 a.m. to 7 a.m. or from 2 a.m.
to 4 a.m. or 5 a.m. because that would attract people that would hide and
probably stop my house or my neighbors or steal a car. I understand what
Commissioner Sanchez is trying to do. He's trying, like we all are, to raise the
quality of life of our neighborhood, and I think that we should look to .him for
guidance in the way that we should use the police and the resources. But I don't
think that by doing this, we would eliminate the problem. We might create
another problem for me and for other people that will eventually service stations
close. I am not going to shoot the Shell with friendly fire. So, I'm -- I am not
going to support this time this project.
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman. First of all, if I were to
bring out a word that would describe the meaning of this ordinance and why I'm
pushing it so hard and why I think it's so good for the City, would be the word
responsibility. For the simple reason, as elected officials, it is our
responsibility to better this community. As owners of businesses, it is your
responsibility also, whether you live here or not, to better this community. The
people that walk in and they buy the liquor; it is their responsibility to be
responsible when they consume the liquor. So, the key word is responsibility. I
push this because I know that, without a fact (sic), it will clean our streets. It
would improve the quality of life and if, while we're at it, we're able to save one
life, it has accomplished something. And the ordinance, it's not going to stop
them from drinking. People could drink 24 hours a day if they wanted, but it
puts responsibility. The reason why I bring it up, this ordinance, and I feel so
strong is because it's been implemented in other cities and it's done very well.
I'm sorry that it hits your pockets, but as an elected official, sometimes I have
to do things that may not be politically correct but they are leadership correct.
And, as a professional, which I consider myself, I reached out to meet some of
you individuals and you came and you met with me. In my original ordinance or
the original ordinance that was in front of this legislative body was from 7 to
10, and.1 realize that maybe through the art of compromise, we could come up
with a compromisable suggestion to see if we could implement it. I don't buy
that it's going to put anybody out of business because it didn't put anybody out
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of business in Miami Beach; it didn't put anybody out of business in Coral
Gables, but I'm telling you, if you have a business -- and I know I don't have the
votes today, but I'm still going to go forward and even, you know, .hurting my
soul, I'm going to make a motion to try to push it. And I know I'm not going to
get a second. But I believe so strongly, if we don't start in this City improving
the quality of life, our City is going to stay the fourth poorest city in the nation.
We're going to have the perception of being the City of beggars, as we do in
some cases. And that, to me, is a concern. People that get here -- Manny.
Escobar, I go to .your gas station. I put gas station -- I put gas in your gas
station. I've been putting gas in your gas station for almost 11 years. I don't
know if you've owned it that much. Juan Carlos, I've gone to your gas station,
too. And I go there and I buy a gallon of milk or whatever and I buy a six-pack,
but I take it home. At 1 o'clock in the morning I'm home with my family and if
I'm a responsible drinker,. I go buy when I'm shopping or I go buy any -- as long
as time permits me and I take it home. But if you look at what these ordinances
have done to these cities, such as Coral Gables yeah, Coral Gables, they can't
buy it there, so they come to our City. I don't care about other communities,
such as -- I mean, I do care but I don't represent them. I represent the City of
Miami. And I want what's best for the City of Miami. So, that's why I push this
ordinance. No one here could dispute the fact that this is a good ordinance for
our City. I will never put a penny over the quality of life or any amount of
money over the quality of life of this City or over the quality -- or funds over
anybody's life. Now, it's affecting your pockets and I know it is, and you have
every right to come here and express your concern. That's the beauty of this
country, that we can have public hearings -- we have this for you to come and
express your concerns. But you know what, it's all about responsibility. And,
yes, I look around and I see a lot of you are respected people. I was offended
by a couple of you, whoever you are that called me and were very disrespectful.
But a lot of you that I met with was very professional and each one of you that I
met clearly stated, "We have a problem and we're willing to work with you," and
I look forward to that. I look forward to starting from the ground up. The
journey of a thousand miles start with a single step and if we can't get this
ordinance passed in this City -- I just can't believe we're not going to be. able to
pass this. From 1 o'clock to 7 o'clock in the morning, I think that the out come
would be positive for the City of Miami. Yes, it's going to affect you. I don't
think it's going to put you out of business, but I'll leave it at that. I respect my
colleagues for their decisions and if they think that it's a bad legislation for the
City, God bless them. I respect each and every one of them. But this was good
for the City. And I'm going to continue with other issues that are quality of life
issues that may affect other people. So, I'm just telling you, there will be other
155 10/12/00
issues or there will be other people here, 20, 50, 60, a thousand that are going to
come to this Commission. and complain about my quality of issue (sic). But if
we had the opportunity to reach out to people that lived in my area, that are
constantly complaining because they can't sleep at night because two drunks are
fighting out in their yard, because they just went to Quick Stop and been
drinking out there all night -- and when we go on community clean-up with
"Vecinos en Accion" ; and Pablo Canton and many people in our community
would have cleaned it up, we have to spent three or four hours just picking up
bottles of beer. It's pathetic. So. I'm going to push for it and I'm going to
present it. And, you know what, I'll go out with style. I'll go out with style.
So, therefore, if I don't get a second, so be it. Mr. Chairman, I move this
amended ordinance --
Vice Chairman Gort: Excuse me.
Commissioner Sanchez: Oh, you're going to close. I'm sorry.
Vice Chairman Gort: Let me tell, you, Commissioner Sanchez. I think what
you're trying to do is the best thing that can be done for the City but,
unfortunately, if I could have the guarantee that we're not going to have that
problem, that we're not going to have drunks in the streets; that we're not going
to have people walking and throwing the stuff that -- if I could have that
guarantee, I wouldn't have any problem at all. I think we do have a problem
within certain neighborhoods. Let me tell you one of the problems that I had
with the people in my district. The people in my district you have 17th Avenue,
22"d Avenue, you have 36th Street, the City line breaks in the middle of the
street. They can't buy in the City, but they go right across the street and they
can buy right across the street. It's going to affect it. Let me tell you what I'm
willing to do and let me tell you something. You guys run very good
businesses. You guys work 12 hours a day. When you go home certain time and
the people that operate at night, I can guarantee you, they do sell to minors and
they do a lot of things. And I think this is something that we all have to work
together because the people -- some of the people you have working at night and
you shift and you know it. They are 'not the same quality as the owners. And
this is something -- and what Commissioner Sanchez is trying to do is trying to
get, not only you all, but everybody working together. But I think also would
like to have the police to enforce the ordinance that we have. Because the only
way this will work, if everything is enforced. And, at this time, I'd like to take
Ana Maria Sanchez-Pando, elected judge, congratulations and I'm glad you're
here. And as a judge you're going to sit there and listen to a lot of these
156 10/12/00
arguments. Congratulations.
Ms. Ana Maria Sanchez-Pando: Thank you. Thank you very much.
Vice Chairman Gort: I personally -- I'll tell you what I would do. I wouldn't
have any problem in seconding your motion, and this will be a first reading.
First reading, like I told you before, is not effective until we have a second
reading. And I have to tell you, Commissioner Teele, if it has to come back in
here, I wouldn't mind it coming back in here because we'll come out -- a lot of
times while sitting on zoning boards and other matters, we went back and forth
and by working as a team, we were able to bring some solutions. But I'd like to
get some statistics from the other cities, how much they had really reduced
crime, since they were implemented. I also would like to hear from the industry
and I'd like to see what the projections are. Who do you sell to between the
hours of one and seven? What kind of products you sell? And with . your
computers, you can tell all that. And I'd like to have that information. for the
next meeting. Arid, MADD, I understand what you're doing. I think everyone
here is in favor because we all have kids and we would hate. to see any of our
kids die because of drunk drivers. I mean, we have been victims; so we
understand. But, if I could be assured that this was a solution, I would have no
problem. Like I said, I think we need to put a little pressure on the industry and
I'm willing to second the motion. Your motion has to be to amend the original
motion.
Commissioner Sanchez: It's a motion to move the substitute ordinance, correct,
Mr. City Attorney?
Mr. Vilarello: I think the appropriate motion would be a motion to amend the
ordinance --
Commissioner Sanchez: Motion to amend --
Mr. Vilarello: -- the ordinance that's before you.
Commissioner Sanchez: -- the ordinance that's before you. I move --
Mr. Vilarello: As you have distributed to the City Commission.
Commissioner Sanchez: State that for the record.
157 10/12/00
Mr. Vilarello: You have distributed an ordinance, which modifies --
Commissioner Sanchez: As distributed to the Commissioners, OK
it. Do you second? You second it?
Vice Chairman Gort: I'll second it.
Commissioner Sanchez: Now, it's open for discussion.
Vice Chairman Gort: Commissioner Teele.
Mr. Vilarello: The amended. Move the amended.
Commissioner Teele: All right. Read the ordinance into the record.
Mr. Vilarello: The amendment?
Commissioner Teele: The amendment.
So, I move
Note for the Record: The City Attorney read the ordinance into the public
record by title only.
Commissioner Teele: Essentially, the hours are what, from what time to what
time?
Mr. Vilarello: On retail package stores, the hours of operation are from 7 a.m.
to 1 p.m. Excuse me. That's not the hours of operation. It's the hours that they
may sell alcoholic beverages. Are from 7 a.m. to 1 a.m
Commissioner Teele: Is there further discussion? There has been enough. Mr.
Clerk, call the roll.
158 10/12/00
® .•
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 4 /ARTICLE 1 OF THE CODE OF IS
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED ALCOHOLIC BEVERAGES IN GENERAL, TO
PROVIDE FOR HOUR OF RETAIL PACKAGE STORES
MAY SELL ALCOHOLIC BEVERAGES, AND TO PROVIDE
FOR A DEFINITION OF RETAIL PACKAGE STORES.
MORE PARTICULARLY, BY AMENDING SECTIONS 4-2,
4-7 AND 4=11 OF SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Vice Chairman Gort, failed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
ABSENT: None
Commissioner Teele (Comments made during roll call): I commend you,
Commissioner Sanchez. I vote no.
Vice Chairman Gort: Nevertheless, I'd like to -- Chief, we do have a problem
and I think we need to work with these individuals and it needs to be enforced,
and I think we need to instruct the police officers to take drunks off the streets
and take -- and let you tell me. There is an ordinance that, if they are walking
and they are disorderly conduct, they can be picked up.
Chief Martinez: And, Commissioner, let me say something. And maybe I'm off
queue by asking this question. It concerns me -- because a question that was
asked to the industry, what percentage of their sales are alcohol sales from 1
o'clock in the morning to 7 o'clock in the morning? And maybe it's nothing, so
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it's not a problem. If it's a huge number, then it concerns me a lot more, you
know, what's going on, all the sales that are occurring there.
Vice Chairman Gort: Well, I think the industry understand where we're coming
from. I think they -- we will get together with them and this is not the end of it.
We are going to get those figures. We're going to sit down with them and we're
going to look at those numbers. And I think that's very important. Because if
you can guarantee that all the bottles that go there are bought between one and
seven, I don't think anyone here would have any problem. If you can come up
with statistics and prove that to any one of us, I don't think you'll have any
problems to pass in it in an ordinance, and they'll probably be willing to do so.
But we need that information. We can just go ahead and do it that way.
Commissioner Sanchez: And this has nothing to do with -- it didn't pass, so.
Thank you for coming. It failed. So, thank you for coming.
Commissioner Teele: I think the point that Chief Martinez is making and .the
point that Commissioner Gort is making is the point that I tried to make. Until
we have enough information, we're shooting in the dark and I would be very
interested, Chief Martinez, in getting you to segment on an eight hour clock --
you know, where the sales of alcohol are coming from. I mean, you know, we
need to understand that. You all need to understand that. The industry knows
it. There is plenty of room for us to sit down and work together on passing
something that may address the problem. But I just don't think we know. I
mean -- and the fact that you don't know and 1 don't know -- I mean, -- and
we're trying to pass a law on that. That really should be troubling to everyone.
That's called unintended consequences. We don't know.
Vice Chairman Gort: We could come up with a comprehensive plan, which, my
understanding is — some have already looked don't sale single bottles, sell six
packs or whatever and make sure you instruct your people that work at night.
Those people who work at night, let me tell you, a lot of the kids do buy from
you all. Believe me, they do. The police are going to go after it and they are
going to check on this. Thank you:
Mr. Vilarello: Mr. Chairman?.
Vice Chairman Gort: Yes.
Mr. Vilarello: You still have on the floor the ordinance as adopted on first
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reading, which you have to deal with. The motion to amend it is what failed.
You have on the floor the ordinance, which was adopted on first reading.
Commissioner Teele: Read the ordinance into the record.
Mr. Vilarello: You don't have a motion either to approve or deny.
Commissioner Sanchez: So move.
Commissioner Teele: Moved by Commissioner.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded
Commissioner Winton: Second.
Vice Chairman Gort: Read the ordinance.
Note for the Record: The City Attorney read the ordinance into the public
record by title only.
Commissioner Teele: Mr. Clerk, call the roll, please.
161 10/12/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 4/ARTICLE 1 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED ALCOHOLIC BEVERAGES IN GENERAL; TO
LIMIT THE HOURS A PACKAGED STORE MAY SELL
ALCOHOLIC BEVERAGES AND TO PROVIDE FOR AND
DELETE DEFINITIONS RELATED TO PACKAGE STORE;
MORE PARTICULARLY BY AMENDING SECTIONS 4-2,4-
7 AND 4-11 OF SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE .AND
PROVIDING FOR AN EFFECTIVE DATE
was introduced by Commissioner Sanchez and seconded by Commissioner Winton,
failed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Sanchez
NAYS: Vice Chairman Wifredo Gort -
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
ABSENT: None
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.
Commissioner Teele: Mr. Chairman, could we break for two minutes?
Vice Chairman Gort: Go ahead. Let me tell y'all something. I'd like to, if
possible --
Commissioner Teele: No. Maybe we shouldn't.
Vice Chairman Gort: I'd like to, if possible, get out of here by 7:30. It's my
dad's 91St birthday, and we're having a family reunion.
162 10/12/00
Commissioner Teele: Mr. Chairman, I -must leave at 6:45.
Vice Chairman Gort: OK. What other items do we have?
Mr. Gimenez: We didn't finish the discussion on the five-year plan, and there's
some pocket items, and also some Commission agenda.
Commissioner Regalado: Mr. Chairman, we have also the ''Commissioners'
issues.
Vice Chairman Gort: We need to finish the five-year --
Commissioner Teele: Yeah. Mr. Chairman.
Vice Chairman Gort: Yes.
(INAUDIBLE COMMENTS)
163 10/12%00
30. EVENT AT KNIGHT CENTER ON NOVEMBER 12, 2000 TO HONOR TOMMY LAS ORDA
(See #7C).
Commissioner Regalado: Mr. Manager, do we know already the role of the City on Saturday's event?
Carlos Gimenez (City Manager): Yes, sir. Yes, sir. The City officially doesn't have any role in it. This
is -- this event has been sponsored and is going to be paid for by Forro Patriotico Cubano, Incorporated.
Basically, it's an umbrella group. They've rented the Knight Center, and basically, they're going to pick
up the expenses.
Commissioner Regalado: The Tommy Lasorda thing. Do you know if -- I mean, the public can attend,
but is this co-sponsored by the City of Miami? You don't know that? It's not?
Mr. Gimenez: Not to the best of my knowledge. I know that the Mayor has had -- given his name, and I
also think Mayor Penelas has given his name in support of the function.
Commissioner Regalado: OK.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: I'm sorry; I missed that. What was that again?
Commissioner Teele: Tommy Lasorda.
164 10/12/00
31. (A) APPROVE PROPOSED "CITY OF MIAMI FIVE-YEAR PLAN FOR FISCAL YEARS
2001 THROUGH AND INCLUDING FISCAL YEAR 2005," (See #22 and #27).
(B) MANAGER TO JOINTLY REPRIORITIZE WITH COMMISSION ON CITY'S
ALLOCATIONS OF CAPITAL FUNDS; TO WORK WITH STATE, COUNTY AND WATER AND
SEWER AUTHORITY IN GETTING MONEY LET FOR CERTAIN CONTRACTS, INSTEAD OF
DRAFTING NEW BID DOCUMENTS FOR BIDS.
Commissioner Teele: Well, I think we've solved the Office of Communications issue. After listening to
this five-year budget plan, I think we ought to merge the Office of Communications with the Budget
Office and we can all be. -- I must say that I am really encouraged to hear such an upbeat, a professional
presentation by a Budget Director. I'm not certain that I agree with each and every detail, but I must
commend you, Mr. Manager, and the Budget Director and their staffs, Finance, as well, in really trying to
get their hands around -- This is the first time, literally, since I've sat here, that we have really tried to get
our hands around the five-year plan. And I think a lot of this has to do with the fact, Commissioner
Winton that there was so much opposition to the Oversight Board process from the Commission, and that
filtered down to the staff. And, you know, we spent half of our time fighting the Oversight Board process.
And we were-- And, you know, we're a part of the problem, and we need to be part of the solution. And I
think what you're doing, Mr. Manager, I think the professionalism as demonstrated by your Budget
Director makes me just want to vote "yes" for a minute until cooler heads prevail. But I really do think
that we're on the right track. And I think -- I'm sorry that your presentation was interrupted, but I think
the citizens should always come ahead of internal matters. And I just wanted to add my voice of
commendation. I know Commissioner Winton has said similar things about what we're doing. Thank
you, Mr. Manager.
Vice Chairman Gort: Can We tell them to keep the meeting outside, please, sir? Thank you.
Commissioner Winton: Well, and just look at the major focus issues that they have where they've made a
commitment to come back to us in nine months, Commissioner Teele. I'm talking about a real clear
picture of the basic fundamental needs of our community. And they're making a commitment to come
back to us in nine months. I mean, that's huge. That's how you get a blueprint, once you get all your
baseline data put together and do a complete needs assessment from the community. Once that needs
assessment is done, then you can develop a blueprint that gets at it. We've never had one. And they're
saying we're going to have one in nine months. I mean, it's very exciting.
Carlos Gimenez (City Manager): A lot of this work should actually occur when we have our retreat -- for
lack of a better word -- in January, when we -- you know, and you can have some time to discuss policy
issues, instead of having to go through an agenda, where you can really discuss the policy issues, what the
direction of the City should be, et cetera, et cetera. And then we'll come back with your policy in a
budget format.
Vice Chairman Gort: Well, I think the feedback that we get from everyone is the capital improvements;
they're needed throughout the whole City. I mean, the City is the oldest City in Dade County, and there's
a lot of the capital improvement that needs to be done. The private sector will not come in and invest
unless we see those things taking place. OK.
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Mr. Gimenez: It's definitely our goal to be able at that -- you know, at that retreat in January to give you
different alternatives of how to fix the infrastructure problem in the City.
Vice Chairman Gort: And also, part of that has to be working with the County and the State, because a lot
of the problems that we've seen with (inaudible) storm, it's really not directly affected by the City, but it
was affected by the expressway and all the construction that's taking place, and we suffer the
consequences, and they should be part of the solution, too. OK. Do we have a motion to -- Do you need
a motion to approve the five-year plan?
Commissioner Teele: Do we need to transmit this? I would move that the five-year plan as presented be
accepted, adopted and transmitted to the Oversight Board.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-894
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING THE PROPOSED "CITY OF
MIAMI FIVE-YEAR PLAN FOR FISCAL YEARS 2001 THROUGH
AND INCLUDING FISCAL YEAR 2005," ATTACHED HERETO AND
MADE A PART HEREOF; FURTHER DIRECTING THE CITY
MANAGER TO TRANSMIT SAID FIVE-YEAR PLAN TO THE
FINANCIAL EMERGENCY OVERSIGHT BOARD.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
166 10/12/00
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Teele: Mr. Manager -- Mr. Chairman -- Mr: Manager, one word -- Madam Director, one
word of caution. This capital issue, you touched upon it, and I want to bring it back into focus. Is Mr.
Jackson here, and Ms. Gwen Warren and all these people? No, no, no. There's not a money problem on
the capital side. We all know that. I mean, am I -- it's not a big money problem right now. That's not our
biggest problem.
Linda Haskins (Director, Budget): That's correct.
Commissioner Teele: Is that a fair statement?
Ms. Haskins: I think so.
Commissioner Winton: Well, it depends on how you define "capital."
Commissioner Teele: Well, hold it, hold it. The problem is this: We have not refocused and
repribritized. And that's what I really want to do, because, you know, we saw this in Community
Development. We had a little bit of money. The way we have allocated capital money is we've never
dealt with problems. We've done exactly what the Solomonic approach is. We've given a little bit over
here, and a little bit over there. We tried to play the political game, and what happens is nobody has got
enough money to do any part. But we've got eight parts with some money. And I may be
oversimplifying, Mr. Manager, but that is --
Mr. Gimenez: You're absolutely right, sir. That's been the problem.
Commissioner Teele: And what we need to do, Commissioners, is we really need to reprioritize and
refocus what they are. Now, we have to rely upon you to bring those issues to us. We don't know where
all these little nooks and crannies are. But I do think that we need to do that, and we need to do that on a
fast order. And then the next thing we need to do is say that we're going to work with the County, Water
and Sewer, with the state, with the various agencies in getting these dollars let for contract. I am so
frustrated in this City that everybody -- Every time we talk about a sidewalk, we start writing a bid
document. And yet, the County has got bid documents over there we could buy off of that would probably
build 80 miles of sidewalks because that's -- And we don't have to, you know, get into this gymnastics of
doing a bid document for a City sidewalk when there are bid documents that have gone through the
167 10/12/00
process, that have been competitively bid that we can buy off of -- a water and sewer contract, or a County
public works, or even a Coral Gables contract. In some cases, we do need to do that. But we spend a year
getting bid documents out the door. So that's the biggest issue. And I say that with some understanding,
because I challenged the Public Works Department directly -- not Mr. Jackson -- in saying, look, we can
select consultants in less than the nine months that it takes. us. It takes us nine months and a year to select
and enter into a contract with consultants. And it's just not necessary. So the biggest issue is we've got
twenty, thirty, maybe more million dollars of capital funds in previous year budgets, .listening to what the
budget presentations are. But where we really have got to make a focus is that we need to jointly, jointly
reprioritize where we're going to spend these dollars, because if you all try to do it internally, I think it's
going to wind up becoming some issues -- We ought to work on that as a team effort.
Mr. Gimenez: Sir, that's exactly what I want to do, and get your policy direction on how to spend that,
and also give a little briefing on what can be done with CD (Community Development) money for
infrastructure, also at that retreat that we're going to have in January.
Vice Chairman Gort: I think the Commission is telling you don't try to please all the different districts.
Come up with what you think are the major needs in the City. Let us play the politics. You guys are very
professional and you're doing a great job. Continue to do so. One thing Commissioner Winton
mentioned a little while ago when we talked about the decision in selecting the festivals that we're going
to support, I think we need to look and see which ones will bring the greatest benefit to the City. of Miami,
and that's what we need to do with the capital improvement, also.
168 10/12/00
32. DISCUSSION CONCERNING LAW ENFORCEMENT TRUST FUND.
Vice Chairman Gort: OK. Any other matter to come in front of the --
Carlos Gimenez (City Manager): Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Gimenez: We've got two pocket items.
Vice Chairman Gort: Did we deal with all the agenda items, 28? OK, that was the last item.
Raul Martinez (Chief of Police): No. Commissioner, you have item 27, which was the Law Enforcement
Trust Fund, a discussion item. If you want to move it for the next one, we could do that. .
Vice Chairman Gort: Well, I don't know. I don't have any benches in the gym. I can't do anything. OK,
item 27.
Chief Martinez: Commissioners, at the last Commission meeting, you asked -to move it to this meeting.
So we're here. I have met; the Manager and I have met with most of you.
Vice Chairman Gort: Item 27 is the description of the expenditure and the funds that have come from --
what do you call that?
Chief Martinez: Law Enforcement Trust Fund, sir.
Vice Chairman Gort: Law Enforcement Trust Fund.
Commissioner Teele: I would move it, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: There's no motion. It's just a --
Chief Martinez: There's nothing to move. And Commissioners, just briefly, to explain our plan, how we
plan to spend the money. We plan to spend the money more internally on equipment and upgrades of
equipment for the Police Department, and we'll come up with a procedure very close to what CD
(Community Development) does, a once -a -year qualification period. All the agencies will receive a letter,
apply, you know. They'll get ranked, and those that get ranked the highest that provide the biggest bang
for the dollar will be funded.
Commissioner Teele: Can you try to time it so that it overlaps with CD, so we don't have people getting
three and four bites at the apple, and playing a lot of games?
Vice Chairman Gort: Right.
169 10/12/00
Commissioner Teele: I'm not --
Chief Martinez: And you're right, Commissioner. What we'd like to do -- and that's the sixty-four
thousand dollar ($64,000) question. When do you start it? I want to start it as quickly as possible,
because there's people now who are waiting for money, and do we fund them now? Do we wait for the
process? I really don't want to fund nobody else other than the ones we have in hand already, you know,
and start the process. November, December, send the letters out. Late December, early January, get the
money out for the beginning of next year.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: I need a motion on the minutes of the --
Commissioner Teele: So move, Mr. Chairman, on the minutes.
Commissioner Sanchez: Second..
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Mr. Manager, when is the audit on the Law Enforcement Trust Fund? When is that
review going to be? We have another -- what's our timetable, roughly?
Victor Igwe (Internal Audit): We had an exit conference yesterday, and the report should be out next
week.
Commissioner Teele: What's your name, sir? And what -- ?
Mr. Igwe: Victor Igwe, Internal Audit.
Commissioner Teele: And you say in the next two weeks? What did you say?
Mr. Igwe: Probably next week.
Commissioner Teele: OK. Thank you.
Mr. Igwe: You're welcome.
Vice Chairman Gort: Thank you.
170 10/12/00
n
11
33. URGE GOVERNOR JEB BUSH AND STATE OF FLORIDA DEPARTMENT OF BANKING
AND FINANCE TO TAKE ALL STEPS NECESSARY TO ENFORCE ALL REGULATORY
PROVISIONS OF FLORIDA STATUTES AND FLORIDA ADMINISTRATIVE CODE TO PROHIBIT
HOME MORTGAGE INDUSTRY'S PREDATORY LENDING PRACTICES.
Commissioner Teele: Pocket items.
Vice Chairman Gort: Pocket items. No, we have the Commissioners' items first.
Commissioner Sanchez: You got any pocket items?
Vice Chairman Gort: Commissioner Teele?
Commissioner Teele: Yeah, I got pockets.
Vice Chairman Gort: I mean Commissioner Winton, do you have anything?
Commissioner Winton: What -- you mean personal or pockets?
Commissioner Teele: Mr. Chairman.
Commissioner Sanchez: What are we on, Mr. Chairman?
Vice Chairman Gort: I'm going to the order of -- I'm going to the Commissioners' items.
Commissioner Winton: You mean the ones that are in blue?
Vice Chairman Gort: Right.
Commissioner Winton: No, I don't have any. I have pocket items.
Commissioner Sanchez: Well I --
Commissioner Teele: Where is the one on --
Commissioner Sanchez: Commissioner Teele, do you have to leave at exactly 6:45?
Commissioner Teele: Roughly.
Commissioner Sanchez: OK. Do you want to do your pocket items?
Commissioner Teele: Yeah. You just want to help me get out?
Commissioner Sanchez: I'm trying to be nice to you is what I'm trying to be. No, forget it, forget it.
Let's go to my --
171 10/12/00
Commissioner Teele: Joe, Joe, please, let me. Mr. Chairman, this is a resolution -- Where is the one on
the Alternatives Program? I have three items. This is a resolution of the City of Miami urging the
Governor, Jeb Bush and the State of Florida Banking and Finance to take necessary steps to enforce all
regulatory provisions of Florida Statute and Florida Administrative Code to prohibit the home loan
mortgage industry's predatory lending practice, particularly as it relates to practices that negatively affect
minorities and those individuals of low and moderate income; and further directing the City Clerk to
transmit a copy of this resolution to all of the officials designated. I would so move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved and seconded. Discussion? Being none, all in favor, state it by saying
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-895
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
GOVERNOR JEB BUSH AND THE STATE OF FLORIDA
DEPARTMENT OF BANKING AND FINANCE TO TAKE ALL STEPS
NECESSARY TO ENFORCE ALL REGULATORY PROVISIONS OF
THE FLORIDA STATUTES AND FLORIDA ADMINISTRATIVE
CODE TO PROHIBIT THE HOME MORTGAGE INDUSTRY'S
PREDATORY LENDING PRACTICES, PARTICULARLY AS SUCH
PRACTICES NEGATIVELY AFFECT MINORITIES AND THOSE
INDIVIDUALS OF LOW TO MODERATE INCOME; 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
172 10/12/00
34. DIRECT MANAGER TO, WITH PERMISSION AND COOPERATION OF PRESIDENT OF
FLORIDA INTERNATIONAL UNIVERSITY, CONDUCT STUDY TO DETERMINE AND
RECOMMEND TO FLORIDA BOARD OF REGENTS A POTENTIAL CAMPUS SITE IN
DOWNTOWN MIAMI AREA FOR FIU COLLEGE OF LAW, WHICH HAS BEEN AUTHORIZED BY
STATE LEGISLATURE (See #4).
Commissioner Teele: The next one is a resolution of the City of Miami Commission directing the
Manager to, with the permission of the -- and cooperation of the president of Florida International
University to conduct a study to determine and recommend to the Florida Board of Regents a potential
campus site in the downtown area of the City of Miami for the FIU (Florida International University) Law
School, which has been authorized by the Florida Legislature. I would so move.
Commissioner Regalado: Second.
Commissioner Sanchez: Second.
Commissioner Teele: I have discussed with Dr. Maidique today this resolution, which basically says
you're going to seek his permission in doing this, because we don't want to try to take over his process.
He's delighted to be a part of a process to look at this. They are very far down the road on this. They
obviously are looking at land on the campus. There are a number of structural issues, organizational
issues, particularly library support that would make this very, very difficult. But he thinks it's something
that they would never say no without really looking at it to see if there is a potential that we could create a
downtown campus for the law school. So he's going to be awaiting your call and the people that you
work on it. And I would ask for the Commission's unanimous support for this, Mr. Chairman.
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 Teele, who moved for its adoption:
RESOLUTIONNO. 00-896
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE -CITY MANAGER TO, WITH THE PERMISSION AND
COOPERATION OF THE PRESIDENT OF FLORIDA
INTERNATIONAL UNIVERSITY ("FIU"), CONDUCT A STUDY TO
DETERMINE AND RECOMMEND TO THE FLORIDA BOARD OF
REGENTS A POTENTIAL CAMPUS SITE IN THE CITY OF MIAMI
DOWNTOWN AREA FOR THE FIU COLLEGE OF LAW WHICH
HAS BEEN AUTHORIZED BY THE STATE LEGISLATURE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
173 10/12/00
• 0
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
174 10/12/00
35. AUTHORIZE FUNDING FOR ALTERNATIVE TO INCARCERATION OF ALTERNATIVE
PROGRAMS, INC., $11,084.00; ALLOCATING FUNDS FROM LAW ENFORCEMENT TRUST
FUND.
Commissioner Teele: And the final one is a resolution of the City of Miami -- and this is -- that's been
signed by Chief Gimenez, Manager, and there is a letter authorizing the availability of the funds and the
appropriateness of the funds from Chief Raul Martinez, signed October 3rd. And this is, a resolution of the
City of Miami authorizing funding of the Alternative to Incarceration of the Alternatives Program,
Incorporated, in the amount of eleven thousand, eighty-four dollars ($11,084), allocating funds from the
Law Enforcement Trust Fund, Project Number 690001, and 002 and 003, such expenditures having been
approved by the Chief of Police as complying with the U.S. Department of Treasury and Justice
Guidelines for Equitable Sharing and the Florida State Statute, Chapter 932.7055, as amended. And Chief
Martinez, this does have your full support and blessing?
Raul Martinez (Chief of Police): Yes, sir, it does.
Commissioner Winton: Second.
Commissioner Sanchez: Hallelujah.
Commissioner Teele: Moved and seconded.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Thank you.
Vice Chairman Gort: Thank you.
175 10/12/00
•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-897
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING FUNDING IN THE AMOUNT OF $11,084.00 FOR
THE , ALTERNATIVE PROGRAMS, INC.' S ALTERNATIVE TO
INCARCERATION PROGRAM; ALLOCATING FUNDS THEREFOR
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO.
690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY
THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055,
FLORIDA STATUTES (1999).
(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
176 10/12/00
36. (A) DIRECT MANAGER TO SEAL RESPONSES TO REQUEST FOR LETTERS OF
INTEREST IN CONNECTION WITH ADMINISTRATION OF DEPARTMENT OF OFF-STREET
PARKING UNTIL AFTER THE NOVEMBER 7, 2000 ELECTION.
(B) APPOINT OSCAR RIVERO AS MEMBER OF OFF-STREET PARKING BOARD.
Commissioner Teele: Mr. Chairman, Commissioner Sanchez does have on the agenda a resolution, and I
would just ask if we could bring that item up, because I think the gentleman is here.
Commissioner Sanchez: Yes, sir. It's a pocket item, and I respectfully request the City Commission
confirm the appointment of Oscar Rivero to the Off -Street Parking Board. Mr. Rivero was appointed at
the Off -Street Parking Board meeting on Tuesday, October the 11th of this year. Mr. Oscar Rivero was
appointed due to Dr. Eduardo Padron resigned. I appreciate your attention to this matter. It's basically a
memo that was sent to you. Therefore, I move the appointment there.
Commissioner Teele: Second the motion on the appoint, subject to the opportunity -- Would you just
give us a little bit of information about yourself and your philosophy?
Oscar Rivero: Certainly, Commissioner. First, I want to thank you for allowing me to speak. And second
of all, I want to apologize. I'm not dressed. I wasn't prepared to come here. I wasn't planning on coming
here today, and I apologize for my --
Commissioner Teele: Your name and address for the record.
Mr. Rivero: I'm sorry. Oscar Rivero, 1865 Brickell Avenue, Miami, Florida, 33129. And I'm honored to
have been appointed by the Department of Off -Street Parking as of yesterday. I've been -- horn and raised
in Dade County, been a resident of the City of Miami for about six years now, and I'm looking forward to
assisting the City in the Department of Off -Street Parking and carry out their mission, sir.
Commissioner Sanchez: What is your profession?
Mr. Rivero: I'm an attorney.
Commissioner Teele: Mr. Chairman, I just have two very brief questions. The first question relates to
your overall philosophy regarding the City's Off -Street Parking being competitive with the market forces,
and in effect, being willing to subject itself to maximizing the dollars that are generated both for the
Authority and the City. Do you have any objection to Off -Street Parking giving up its currently monopoly
and subjecting itself to a competitive process when the board and the Commission agree that it should be,
and forcing Off -Street Parking to be responsive to market practices and market forces?
Mr. Rivero: Commissioner, I said I've just been appointed yesterday, and I really don't know all the
issues that you're discussing. I just heard -- know what I've heard and read in the. papers. I personally
have no objection to competition, and I'm not fan of monopolies, either. But whatever the will of the
Commission is, whatever the will of the authority --
Commissioner Teele: Do you --
177 10/12/00
Mr. Rivero: I'm sorry.
Commissioner Teele: Do you have an opinion, position on charter schools?
Mr. Rivero: Charter schools? Somewhat. I don't have any kids, sir, so it's not particularly on my radar
screen.
Commissioner Teele: The other issue is, do you agree that -- many of us on the Commission are saying
that Off -Street Parking should use its good offices to be more than just a parking resource, but a resource
for redevelopment of downtown and business core of the City of Miami, being involved in things such as
providing perhaps some support for residential activities in downtown Miami, and those kinds of non -
parking resources, but would directly create more business for parking. Do you have a philosophy on
that?
Mr. Rivero: I do, as a matter of fact. That's an issue that I may more a little bit more about. It's that I'm
very pro -development and pro joint partnerships with the City, with other private developers, with other
agencies and municipalities to create that development, create that synergy, community, economic
development, jobs, and making -- not just provide parking and meter service, but providing those kinds of
services that you mentioned that are a little bit outside the norm of parking.
Commissioner Teele: Finally -- I know I said two, but this is a very important philosophical issue. In the
past, Off -Street Parking had bond indentures that limited Off -Street Parking from actually building
parking lots in areas that didn't return revenue or that were not self-sufficient. In other words, the whole
idea that the City is going to provide sidewalks, and streets and parking in poorer areas, particularly
minority areas, poorer areas, quite candidly, for some 20 years got sort of left in a vacuum in large
measure. The Off -Street Parking in the past pursued a very vigorous policy that if it didn't make money
or create revenue, their job was first to protect the bondholders and then to protect the entity. Those
covenants have been removed. Yet, the City of Miami, when we set up Off -Street Parking, looked to Off -
Street Parking to provide parking infrastructure and resources Citywide. Do you accept the notion that
Off -Street Parking has an obligation to work with the City Manager and the City staff, the NET
(Neighborhood Enhancement Team) Offices in working to facilitate parking throughout this City,
particularly in the areas that are economically deprived, where it may not be immediately economically
feasible, but it is feasible in the context of building neighborhoods and building businesses?
Mr. Rivero: Absolutely, Commissioner. I couldn't agree with you more. As the industry goes towards
government acting more as business, there is still function of government that can't act as business,
because of the moral obligation it has to its constituency and its residents. Sometimes, it may not meet the
bottom line for a garage or for a project, but in the overall scope of things, the big picture, it is a feasible
project, although it may not be economic sense at that particular point in time.
Commissioner Teele: Off -Street Parking does have two female members, does it not, board?
Mr. Rivero: I believe so, yes.
Commissioner Teele: Mr. Chairman, thank you very much for the courtesy. And I'm very impressed
with the applicant and the nominee, and I want to strongly support and work with you.
178 10/12/00
Mr. Rivero: Thank you, Commissioner.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: I just want to make -- This is for the Manager and the City Attorney. I don't
know which of you can answer, but I'm troubled, because I -- I have, as a journalist, I have, covered many,
many elections. Elections, when they have important issues, the other issues get sidetracked, and it can be
influenced by, anyway. If those letters that the Manager sent out are due on November 1St, and if by any
chance somebody from New York says, "I can give the City of Miami fifteen million dollars ($15,000),"
if that is shown to the voters of Miami, would that be influencing the vote and telling the voters something
that is not feasible? I am concerned. And my question to the City Attorney: Can we seal those letters of
intent until November the 8tnq
Alejandro Vilarello (City Attorney): You can give the City Manager directions to keep those documents
under seal until after the election.
Commissioner Regalado: I would like to do that, and I would ask the Commission, because I think that
the people of Miami should be really informed. They should make the decision. I don't care which one it
is, but I think that it's wrong to get information that is not accurate, because I read in that document that
those letters and those proposals are not binding. So if I say "I'm going to give the City twenty million
dollars ($20,000,000)," I can later say, "Well, you know, I figured if I raised parking meters, I could give
it to the City." So I'm concerned that the election could be manipulated by people who.have this interest.
So I would ask the City Manager -- I don't know if we have to do it in the way of a motion and if it has
support -- to keep that information sealed. Do not reveal that information until after the November 7 1
election.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
179 10/12/00
0
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-898
A MOTION DIRECTING THE CITY MANAGER TO SEAL ANY
RESPONSES TO THE REQUEST FOR LETTERS OF INTEREST IN
CONNECTION WITH THE ADMINISTRATION OF THE
DEPARTMENT OF OFF-STREET PARKING UNTIL AFTER THE
NOVEMBER 7, 2000 ELECTION.
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
Vice Chairman Gort: I'd like to have a motion confirming Mr. Rivero's appointment.
Commissioner Sanchez: I have two questions for him.
Mr. Rivero: Yes, sir.
Commissioner Sanchez: Are you in good standing with the Florida Bar?
Mr. Rivero: I am, Commissioner.
Commissioner Sanchez: And my second is: Would you support increasing the parking rates?
Mr. Rivero: Well, I don't if I would right now tell you I'm supporting or against it. Like I said, I've just
been appointed yesterday, Commissioner. And I think, as I understand it, that's a policy decision for you
all to make. I don't know if that's something that comes before OSP's (Off -Street Parking) Board. I
mean, that's up to you.
Commissioner Sanchez: Well, that's not the answer I was expecting, but at least you know the process.
Commissioner Winton: What do you mean .raise the parking rates? The parking rate's already been
raised.
180 10/12/00
Vice Chairman Gort: Mr. Rivero, when I was told Oscar Rivero -- I don't know if you ever met the other
Oscar Rivero. He's a lot older than you are. I thought it was him but --
Mr. Rivero: I've been confused many times, sir.
Vice Chairman Gort: OK. But it's a pleasure to have you aboard. OK. All in favor state it by saying
aye.
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you, and congratulations, sir.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-898.1
A RESOLUTION OF THE MIAMI CITY COMMISSION
CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A
MEMBER OF THE OFF-STREET PARKING BOARD OF THE CITY
OF MIAMI FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
181 10/12/00
37. GRANT EXTENSION TO LATIN AMERICAN GOURMET RESTAURANT TO OCTOBER
30.
Vice Chairman Gort: OK. We have a resolution. You making it?
Commissioner Winton: This is a -- I'm sorry. Hey, Joe, I got a guy sitting out there. Do you mind?
Vice Chairman Gort: Go ahead.
Commissioner Winton: This is a resolution -- If you all remember, the Latin American Gourmet
Restaurant downtown came before us six months ago. They had been years in the making of getting that
facility --
Vice Chairman Gort: And a million dollars ($1,000,000).
Commissioner Winton: -- finished and it was a mess, and I was very nasty towards them. But I said,
"You got six months to get this done." They're coming back. They're almost done. Asset Management
has been working with them. Everybody's been working with them, and they are just this far from
crossing the finish line. So they fulfilled the intent. They've asked for and the City staff has asked for an
extension to October 30'1', which is just two weeks away. So I'm supporting that, because they've really --
they've really met the intent that we put forward, and that was: Get it done, get it open.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Teele: Second for the -- this is at least my twelfth seconding of this motion.
Commissioner Winton: Yeah. Well, you shouldn't have any more.
Vice Chairman Gort: Is there any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Commissioner Teele: I supported it because he's not down here. Lazaro is not down here.
Vice Chairman Gort: Right.
182 10/12/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-899
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
183 10/12/00
38. DEFERRED: CONSIDERATION OF ADOPTING RECOMMENDATIONS OF ORANGE
BOWL STEERING COMMITTEE.
Vice Chairman Gort: OK. Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, my Commissioner's item "B," I will defer at this time till we get
the proper numbers, spreadsheet from Bob. Bob? Is he here? You have met with Mr. Freeman, who is a
member of the Orange Bowl Steering Committee?
Bob Nachlinger (Assistant City Manager): Yes, Commissioner. Bob Nachlinger, Assistant City Manager.
I met with Mr. Freeman today in your office for about 15 minutes. We discussed what the information
was that he actually needed, and the format that he wanted it in, and I'll be supplying that to him so he can
formulate his numbers.
Commissioner Sanchez: Thank you. This item will be deferred to the next Commission meeting on the
28'1'. Do you think we'll have those numbers by the 28tnq
Mr. Nachlinger: Yes, sir.
Commissioner Sanchez: OK.
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39. DISCUSSION AND PRESENTATION BY. CITY STAFF CONCERNING UPCOMING MIAMI
DEVELOPMENT SUMMIT 2001.
Commissioner Sanchez: Item "C" is a discussion and representation by the City staff concerning the
upcoming Development Summit 2001. Diane Johnson.
Diane Johnson (Real Estate & Economic Development): Good evening, ladies and gentlemen. I am
Diane Johnson with the Department of Real Estate and Economic Development. It's been my pleasure to
work with Commissioner Sanchez and others from the community on the Miami Development Summit
2001. This began back in April of this year in planning for a symposium that would showcase the
development, redevelopment and investment opportunities that exist currently in Miami, and that we hope
to build for the future. Since I was last before you in June on this subject, and with the seed moneys that.
the Commission approved for this conference, we have since hired a meeting planner, Chase Marketing
Group, headed by Abbey Chase. We have established several committees and appointed committee
chairpersons to serve on it. Manny Medina of Terremark Worldwide has agreed to be our fundraising
chairperson. He will help us bring sponsors to cover the cost of the event. We have Richard Langhorn of
the Langhorn Group, who is also a member of the ULI, and is serving as the program chairperson. Cheryl
Jacobs is the marketing director for Zyscovich Architects, who is also serving as the marketing program
chair, and Vicky Garcia -Toledo of Bilzin, Sumberg, Price and Axelrod has served on the committee to
look at the City's own development processes and how we might improve them for the future. Initially,
we had looked at a January date. for the summit. But as we want to create the very highest level of a
conference for the target market, which is CEO's (Chief Executive Officer) and top executives from
development, real estate and investment firms from across the country and across the world, we feel that
we would be better served by hosting the development summit in April of next year. And the dates we
have selected are April 4", 5' and 61h, 2001. And the hotel that we're looking at, the site would be the
Hotel Intercontinental downtown. We are negotiating at this time with the hotel for room rates and other
services. We have an extensive list of partners who have joined us in planning for the event. Many are
going to also be sponsoring it, coming up with cash and in-kind contributions. These include firms such
as the Aztec Group; the Codina Group; the Beacon Council; Construct -- the Downtown Development
Authority; the Florida East Coast Development; Greater Miami Conventions and Visitors Bureau; Greater
Miami Chamber of Commerce; Greenberg, Traurig; the International Trade Board; Holland and Knight;
Miami Herald; Terremark Worldwide, who is going to be a platinum sponsor; the Related Group; the
Urban Land Institute; (unintelligible) and Wolfberg, Architect -- Wolfberg, Alvarez and Partners.
Fundraising, we're about a third of the way through to a half of the way of our goal. We have raised the
bar in terms of the quality of the event. Our costs have also risen. Funny how that works. But we have
commitments. This is not cash in hand, but we have commitments to date of about a hundred and ninety
thousand dollars ($190,000) of a three hundred and eighty thousand dollar ($380,000) budget.
Commissioner Sanchez: Which will be raised through the public sector.
Ms. Johnson: It will be raised through the public sector. We are not going to be coming back to the City
of Miami for more money.
Vice Chairman Gort: You mean private.
Ms. Johnson: Excuse me. You're right. The private sector.
185 10/12/00
Vice Chairman Gort: You mean private sector.
Ms. Johnson: Private sector.
Vice Chairman Gort: You said "public."
Ms. Johnson: I was just -- you're right. We will be getting grants from the Knight Foundation, and
hopefully from the Tourist Development Council. The program, with ULI's involvement, we will have a
certain amount of the sessions that will focus on issues. of international and national importance in the
industry, but that have a local connection, such as; .you know, Miami's role in the information age and
global connectivity. We also see that diversity and Miami's, you know, unique position as a gateway and
as a microcosm of future municipalities is also a very important issue to cover. We are --
Commissioner Regalado: Excuse me, Diane.
Ms. Johnson: Yes, sir.
Commissioner Regalado: As the representative of the Commission on the Greater Miami Conventions
and Visitors Bureau, on the next meeting, I will also request that they would support this summit in April.
Now that it's in April, I'm sure that they can do it. January is the heaviest season in terms of tourism, but
I'm sure that they can support by probably getting help from hotels, and also, of course, on the travel
agencies facilitating the arrival of these people. So on the next meeting, Commissioner Sanchez, I will be
asking for support for your summit.
Commissioner Sanchez: Thank you.
Ms. Johnson: Thank you. If I can provide any information for you to make that presentation, I'd be
happy to do so. Obviously, we want to make this a Miami show, so there are many concurrent sessions
and tours that we will do of features that are unique to Miami and that are important for us to get the
message out about how wonderful our City will be to invest in, in the future. The Marketing Committee
has been making great strides. We have a logo; say the date mailer that's almost finished. We are
developing a web site and we are attracting media sponsors in addition to the Miami Herald. Lastly, the
committee that is working on improvements to the City's own development processes has met regularly
throughout the course of this effort. We have had three seminars where staff and representatives from the
development community have had kind of workshops where we have just thrown out ideas about how we
can improve things, and they've been very, very welcome on both the City's side and the developers' side.
We had George Gable of Constructor come in. We've had Tibor Hollo come in. We've had Beauchamp
Construction come in. Other activities, we hope to come up with a booklet, possibly, on how to do
business and get permits done in Miami, and we're looking at the potential, which is something that would
really be wonderful from the developer's side of things, is creating kind of a multi -agency task force that
can look at the permitting by other regulatory agencies to see how we can dovetail more of those, so that
we can facilitate development in our town. But I want everyone to know that the City's own development
and permitting processes have been highly complimented by developers and contractors that we've talked
with. So we've done a good job already of keeping our house in order and facilitating those
developments.
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Vice Chairman Gort: I'm glad you're going in April, because by that time, some of the studies that are
being conducted within the downtown area will be there, and there will be the requests and the needs.
And also, some of the neighborhoods, with the Capital Improvement Program, they're going to be put
together, and the incentive that we need to create, and we'll be a lot more knowledgeable on the
empowerment zone and the benefits. So this will be a lot of information that we can give to the people.
So I'm glad we had to postpone it to April. That's very good. Commissioner Winton.
Commissioner Winton: One comment here. Developers are going to be interested in a number of --
you've talked about both of them. Obviously, one of them is infrastructure improvements,. and so a sense
that our City is a place where they ought to invest, because government is doing a good job of maintaining
its share of the load, which is infrastructure. And the other part is their ability to get the job done. And
that relates to permitting, as you talked about. And Mr. Manager, I know that you've got staff working
right now. Dena, and Ana and others are working on further streamlining- our entire approval processes,
particularly for the large-scale projects. And so I think we need to -- Dena, you and I just talked about
that. We need to make sure that that's completely done, so that whatever changes that we're
contemplating can be promoted at this conference, because that's one more big step in' terms of what
they're going to -- how they're going to view the City and their ability to do business. And hopefully, by
then, we'll have more information to talk to them about just in terms of budget relative to infrastructure
improvements that may be coming. We can't show all of them yet, but we can certainly talk to them
about how we're focusing on it, and what our game plan is.
Ms. Johnson: And the Planning Department, as well as the Building Department, Public Works and Fire
Department have participated in these sessions on how we can better get business done in our town.
Vice Chairman Gort: Thank you. Yes, Commissioner Regalado.
Commissioner Regalado: No. Are you finished?
Commissioner Sanchez: No. I was --
Vice Chairman Gort: Oh, OK. So I'll just wait.
Vice Chairman Gort: Thank you. Any other questions?
Commissioner Sanchez: Yes. Well, I. just want to give you -- It's nice to be a part of something that
comes together and it's made so much great progress. And we have made great progress here. What we
anticipate on the five-year recovery plan, .we're all waiting, the City and the taxpayers, everybody is
waiting for recurring revenue. We're focusing on the big developments that have gone on. Even with
instability in our government, we've still been lucky enough to attract good development to our area.
What this does, what this summit does, the Miami Development Summit 2001 is it provides us an
opportunity for development and redevelopment throughout the City, where no one is going to be left
behind. This is the first time that I'm a part of something that we've been able to bring everyone together.
The DDA (Downtown Development Authority) is involved, the CRA (Community Redevelopment
Agency), the International Trade Board, the administration on board, we have support of the Mayor. It's
just something that's real good for the City. So in the long run, I think .that it's going to be a tree that's
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going to bear good fruit. Now, we talked about one of the key issues that we had to do is if we have a
product, we have to sell that product. And how are we going to do it? Well, we need to come up with
ways. Well, one is we get over the perception that the City's got. Second is we show that we are willing
to work, with developers so we could attract not only local developers, but national developers and
international developers to create structures that ten years from now, 30 years from now, people .would
recognize, just like when you go to New York, you're able to identify buildings by names. That's what
we want here. So we've been able to do that. We've made great progress. I want to commend everyone -
- I mean everyone. And we do have a lot of people involved in this process that have given a lot of time
into it, and we're heading in the right direction. I wanted to bring this up so the Commission, the City
Manager, and I was hoping that the Mayor would be here to know what progress we've made and where
we're at today. We still have a long way to go, because we need to come up with some extra fundings that
will come out of the private sector, and that we will accomplish. So once again, thank everybody for their
support, and thank the City staff that has been, I mean great. Thank you.
Vice Chairman Gort: Thank you.
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40. (A) DISCUSSION CONCERNING LEGISLATION 2001 IMPLEMENTATION OF
LEGISLATIVE PLAN PRIORITIES FOR UPCOMING LEGISLATIVE SESSION.
(B) DIRECT MANAGER TO INVITE STATE SENATORS AND STATE
REPRESENTATIVES WHOSE DISTRICTS FALL WITHIN OR BORDER CITY TO NOVEMBER 16,
2000 CITY COMMISSION MEETING.
Vice Chairman Gort: Any other items?
Commissioner Sanchez: I will -- yes. The discussion concerning the legislation 2001 implementation of
legislative plan for the upcoming legislation session. Very important, as we know that the legislation
coming up that we have a lot of bills that will probably be presented. As the liaison from the City of
Miami and the lobbying team of Tallahassee, I just want to basically once again start the progress, so we
are very prepared for the upcoming legislation. One is that we need to formulate a legislative plan that
will concentrate on what we consider what is being given in Tallahassee out. So we have to identify areas
that we are able to attract funding to our City. One is going to be the E-commerce, the criminal justice,
the juvenile justice, agricultural, transportation very important. One of the key issues here is that we have
to get everyone involved in the progress to have a successful year in Tallahassee. So the idea that I would
like to suggest to my colleagues as the liaison for the City of Miami in Tallahassee and the City Manager
is that we invite not only the Dade delegation, but the Broward delegation to our Commission meeting.
Have local representatives and senators commit one of their bills to our City. And, you know, they --
representatives get six bills. And, of course, if we could tie one of them for the City, I think that we will
do well. Of course, we anticipate on pushing some of the bills that did not make it last year -- the Orange
Bowl issue, the communications issue, and of course, the traffic tickets fine and the other issues that --
Marva, if you could go through the list that we have, and if there's any Commissioners. that would like to
add to that legislative bill. Also, it's very important, Willy, that you help us this year in Tallahassee, as
you've always done with the League. of' Cities. And I think that, you know, when we go up there to
Tallahassee in the full force, I think that maybe all of the Commissioners need to start going up there and,
you know, pave the hallways, and knock on doors, and basically sell our needs to our legislation. One
thing that I want to bring up from the experience that I've had going to Tallahassee for six years is that we
do have a lobbying team, but I don't think that we have a firm that would help us in the lobbying and
preparation of drafts of legislation. I know that in some areas, there are some -- the legal aspect of it, of
preparing legislation, we need to entertain that thought, to find a firm of some type that not only assists us
in the preparation of legislation -- who writes the legislation now? Marva, it's you who writes the
legislation now?
Marva Wiley (Special Assistant to the City Manager): And the Law Department does a lot of it. The
parking surcharge was --
Commissioner Sanchez: Do we do it in-house?
Ms. Wiley: Right.
Commissioner Sanchez: In-house, OK. Well, that's just, you know, one thing that I -- we wanted to
throw out to you, if it's OK to keep it in-house or maybe go outside and maybe, you know -- now, you
guys write the legislation, but you don't go to Tallahassee and lobby.
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Alejandro Vilarello (City Attorney): That's right. You have retained lobbyists to carry out that function
for us.
Ms. Wiley: Marva Wiley, Special Assistant to the City Manager. Often, what is happening internally
between the City Attorney's Office and myself is a drafting that is often shifted substantially once it goes
through our lobbyists. So I don't know that there is a whole lot of value in bringing in an additional firm
to do drafting.that would have to be finessed, even still, to be more marketable, as our lobbyists think
appropriate down the line.
Commissioner Sanchez: With the situation that we're faced today, I -- with the County, which should
bear no interest in this.. I mean, there are certain issues that we basically worked together last year. And I
know that the City jumped on board the Miami River, which was very important to both of us. I would
like to encourage not only our lobbying team, you know, to work with the County on the issues that affect
us both. I think that there has to be a clear plan to focus on trying to obtain as much money as we can in
assistance from Tallahassee down here. And I think, you know, last year when we started the process,
sending a memo out to all the Commissioners, the Commissioners saying what was -- their wish list of
their districts to go up to Tallahassee and lobby was a good idea. And now, we need to focus on bills that
stand a chance, because we can't continue to go up there and be asking for some bills that don't stand a
chance.
Carlos Gimenez (City Manager): Commissioner.
Commissioner Sanchez: Yes.
Mr. Gimenez: We started this process very early, and we've already met a number of times with our
lobbyists from Tallahassee. They've helped us formulate, you know, this list that you have here. We'll
trim it down, and these are what he considers to be --
Commissioner Sanchez: Priorities.
Mr. Gimenez: -- viable projects, because we have already cut down a lot of different projects which he
did not consider to be viable. So we're actually working very closely with our lobbyists already for next
year's legislative session.
Vice Chairman Gort: There's one that I'd like to add that we get funded every year, which is the after-
school program with our Parks Department. We work with the school system in our Parks Department.
Ms. Wiley: That wasn't funded last year, but I will add this to the list. I. wanted to add one thing to what
the Manager was saying. This list of legislative projects, which is at the beginning of your list -- the
substantive bills are at the latter parte-- will not necessarily all be offered at the first time, at the front end.
What has been recommended to us by our lobbyists is that we have a lot of projects in the hopper,
essentially, so that as opportunities come up, we have things that we can call upon. Also, you know that
the process has changed substantially with Governor Bush in office, and this list will be coming before
you later on for you to have public hearings and endorse, because, that is now the standard that has been
put out there by the legislature. Everything has to be approved by the Commission before it's even
submitted by a legislator.
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Vice Chairman Gort: Great. I want you to alsounderstand that we also have the Gold Coast League of
Cities, which is Palm Beach, Broward. And one of the things that we talked about is bringing all the
legislators for all three counties to come down and take the issues, the concerns like the beach restoration,
and the rivers and so on, so we can bring it to them and have them -- So also, what I would need is, as
soon as you have all the priorities and legislation, so.I could present it to the Miami -Dade County League
of Cities, and in turn also to the Florida League of Cities.
Commissioner Sanchez: And Mr. Chairman, if I may. Lobbying effort is a 365 -days -a -year thing. Forget
it, you can't go up to Tallahassee, you know, a month before the legislation and try to get anything
accomplished. It's impossible. Marva, the list that you have, has it been provided to the Commissioners?
Ms. Wiley: Yes, it has.
Commissioner Sanchez: OK. Does anybody have any questions?
Mr. Gimenez: What we're trying to do is get the process started very early, very focused, so that we get
the biggest bang for the buck from our lobbyists, and we know exactly what it is that we're actually
targeting, and then try to develop those relationships, so we need get those things passed.
Commissioner Sanchez: Now, the question that I have: When would. we know when we have
sponsorship on both the House and on the Senate side on some of our bills?
Ms. Wiley: We'll begin identifying -- What has to happen, you'll note some of the items listed here are
things we anticipate going about on administrative level. We are -- once we meet -- we've met with four
of the Commissioners. There's one Commissioner we need to meet with. Once we create a complete list,
then we'll identify the priorities that we want sponsored at the front end. We expect that to be,done by
mid-November, November 15th. Just as a footnote, the substantive bills are being drafted now. We want
the bills to be in drafting well before everyone else has their bills in, so we're ready to go when
committees start meeting.
Commissioner Sanchez: Mr. Chairman, I'd like to propose a motion to have the City Manager invite any
representative or senator whose boundary touches the City to our Commission meeting. If you could -- it
just -- it doesn't need a motion, but I want to make it, you know,.formally.
Mr. Gimenez: Which one? Which Commission meeting do you want them in?
Commissioner Sanchez: Just, you know, just to walk in, and say hello and get to know us.
Vice Chairman Gort: Commissioner, what we can do is ask them' on ' the Commission meeting of
November, ask them to come in and that we would like to express our gratitude and our "thank you" to
them.
Commissioner Sanchez: OK. So November.
Vice Chairman Gort: Sort of an invitation to be recognized. OK?
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Mr. Gimenez: Will do.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion.
Commissioner Winton: Second.
Vice Chairman Gort: Go ahead.
Commissioner Winton: I'm nervous about getting them down here, a long drive and not having really
something for them.
Commissioner Sanchez: Johnny, Johnny, it's the locals, the locals.
Commissioner Winton: Oh, just the locals.
Commissioner Sanchez: The locals.
Commissioner Winton: Not Broward County. So it's all our own people here.
Commissioner Sanchez: Our own people. Any representative or senator who touches the boundary of the
City, which I think there are three representatives, and I think two senators.
Commissioner Regalado: Two senators. Two senators and three representatives -- four representatives.
Commissioner Winton: OK. But it seems to me that this really ought to be taken a step further and I
mean to be -- yeah, I mean, to be effective, we've really got to figure out some strategy here where we
spend some real time with them and get them sold on our entire agenda. And that includes maybe some
reach out to some of the other -- outreach to some of the other legislators that are a little further out.
Commissioner Sanchez: Johnny, as the liaison, you know, we could bring them in, have them get to know
us, and then, you know, we'll meet with them. I'll meet with them, and Marva will meet with them.
We'll meet with them, everybody. We'll get --
Vice Chairman Gort: OK. All in favor state it by saying "aye."
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The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:,
MOTION NO. 00-900
A MOTION DIRECTING THE CITY MANAGER TO INVITE STATE
SENATORS AND STATE, REPRESENTATIVES WHOSE DISTRICTS
FALL WITHIN OR BORDER THE CITY OF MIAMI TO THE
NOVEMBER 16, 2000 CITY COMMISSION MEETING.
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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
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41. DISCUSSION CONCERNING IMPLEMENTATION OF QUALITY OF LIFE IMPROVEMENT
PROGRAM SIMILAR TO NEW YORK'S ZERO TOLERANCE PROGRAM, AND SCHEDULING
FACT-FINDING TRIP TO NEW YORK TO REVIEW THEIR PROGRAM AND POSSIBLY A
PRESENTATION TO THE BOND AGENCY.
Vice Chairman Gort: Any further business?
Commissioner Sanchez: Yes. I have one discussion concerning the implementation of a quality of life
program similar to New York's zero tolerance program, and scheduling a fact-finding trip to New York to
review their program, and possibly a presentation to the bond agency, if we -- you know, if it's deemed so
necessary to do.
Commissioner Winton: And I move that Commissioner Sanchez go in January.
Commissioner Sanchez: It's cold up there. Let me tell you, I think -- you know, I keep pushing the
quality of life issue. I mean, if you go to New York and you see what Guiliani has done in New York -- I
mean, you almost got arrested for jaywalking. Imagine if you were jay -- you almost got arrested for
jaywalking, you would think, what would happen to me if I did a serial crime? You know, those are the
things that I think New York has turned around, with going to drug -infected areas, you know, doing what -
- they call, they come in, they arrest the people, they block off the road. You have to show I.D. to get in.
You know, those are the things. That's why we have to start somewhere implementing some type of
"We're not going to tolerate this in our City," to start cleaning it up. And if we're able to go to New York
now and sit down with someone from his administration and look -- I don't like the name, "zero
tolerance." I don't like that. I don't like the zero tolerance. But, you know, "quality of life." We'll come
up with a fancy name, and we're able to come down here and implement that. I think it's something that's
going to be very, very positive for our City. So, you know, if I have to direct the City Manager to, you
know, schedule a trip up there, all the Commissioners could go, the Mayor's welcome to go, I think it's in
the good interest of the City.
Carlos Gimenez (City Manager): If you all want to go, that's fine. We'll schedule a meeting -- I mean
we'll schedule a trip and get somebody from (inaudible).
Commissioner Sanchez: Mr. City Manager, I would love to go to New York. I would love to go to New
York, and study this concept, and bring back and implement it here, the things that we think are applicable
to our City.
Mr. Gimenez: What we can do is I think we'd like to -- I know we'd like to go up there and talk to the
bond rating agencies, because I think we really need to get back in the market. And we could kill two
birds with one stone.
Vice Chairman Gort: We should take advantage of that trip, that's right.
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11
Mr. Gimenez: It would be great. Let us set up a meeting time and date, and then give -- call all of you up
and figure out which ones of you are going to go, and we will schedule it in and we go.
Commissioner Sanchez: Well, just give us plenty of time in advance, please.
Mr. Gimenez: A couple days?
Commissioner Sanchez: No, not a couple of days. A couple of weeks
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0 0
42. DIRECT MANAGER TO PRIORITIZE PROJECTS IN ORDER TO AVOID FUTURE
FLOODING IN CITY BY: EXPEDITING DRAINAGE WORK IN FLAGAMI AREA;. REVISITING
PROJECTS DONE IN PAST TWO YEARS WHERE FLOODING OCCURS; USING BUDGET
SURPLUS TO IMPLEMENT AGGRESSIVE CLEANUP CAMPAIGN OF STORM SEWERS IN CITY
STARTING WITH FLOOD PRONE AREAS; PROVIDING MONTHLY REPORTS TO COMMISSION
RELATIVE TO STORM SEWER PROJECTS.
Commissioner Sanchez: That's it for me.
Vice Chairman Gort: That's it? Commissioner Regalado.
Commissioner Regalado: OK. Thank you very much, Mr. Chairman. I'll try to rush through it. I have
two items. One is about the floods. And I counted 69 blocks flooded in District Number 4, 62 of them in
the Flagami area. Chairman Gort's district also was hard, hard hit.
Vice Chairman Gort: We were hard hit in Allapattah, quite a few blocks.
Commissioner Regalado: Exactly. But I'm sure that the Public Works Director and the Manager will tell
you that Flagami was the worst. Sixty-two I counted, probably more, because there were some areas that I
couldn't go through. I have two things. And by the way, I'd like to thank . your Chief of Staff, Chip
Iglesias that was very responsive at all times, although I did send you a memo -- I don't know if you read
it yet -- that I think would express my disappointment in the rest of the whole picture in terms of keeping
the members of the Commission as part of the crisis, because I never was informed of the FEMA (Federal
Emergency Management Agency) trip, or any press conference. I never was contacted by the Media
Office. And that is the memo, and that is an issue that I would like to discuss further, but we don't have
time now. I don't know if you read the memo, Mr. Manager.
Carlos Gimenez (City Manager): I don't believe I have. If -- once I read the memo if -- I'll direct the
Office. Of Media Relations to make sure that all of you are aware of all those opportunities.
Commissioner Regalado: In the next storm.
Mr. Gimenez: It did not happen. Then I'll have to speak to him to make sure it does.
Commissioner Regalado: In the next storm. But let me tell you, I think it was very rude from the
Administration and whoever was -- the Administration had a representative in the FEMA press conference
when Governor Bush was here, and I wasn't called. It was the Director of the Media Office with the
Mayor. And I wasn't called, while all the members of the Commission of the County were called. And I
think it's important that we all participate. It's not about being on television, because I've been on
television all my life. So. But I'm saying that it was very rude, whoever made that decision not to give
Commissioners of the areas more affected at least a simple notice that FEMA was coming, that the
Governor was coming, that you were touring District 4 and -- yes, you were.
Mr. Gimenez: Well, I was, but I didn't know that it was common knowledge. I didn't put that out as a
press release or anything.
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Commissioner Regalado: No, no, no, no. I'm saying that I should have been invited. But that --
Mr. Gimenez: Yes, sir. And --
Commissioner Regalado: That's your decision, you know.
Mr. Gimenez: Again, let me apologize for that. And it won't happen in the future.
Commissioner Regalado: You don't want to interact with me? It's fine. But I'm just saying, as
something that needs to be said. I think other governments had their elected officials participate, and you
-- I'm sure that you know that elected officials are the front line of the complaints of the residents. They
don't call Carlos Gimenez first. They call Willy Gort, and Sanchez, and Winton, and myself, and
Commissioner Teele and the Mayor. So I just --
Mr. Gimenez: Sir, in terms of the FEMA, I have no problem. I apologize. In terms of me, I was touring
the whole City. It wasn't just your district.
Commissioner Regalado: Of course, you have to tour the whole City. You work for the whole City. But
I'm just saying that, you know, that I thought that we would be called to participate more in the efforts of
the City, which, by the way, were great. And I, once again, I have to thank Chip Iglesias. I tried to talk to
Chief Rollason, but I couldn't one day, but that's OK. I called Chip and -- but I think that it's important,
it's important -- no, it's true, Chief Rollason. I mean, you, you are a person that gets things done. But I
called you with an emergency. I told your secretary, "It's an emergency," and within 45 minutes, I
couldn't get through to you.
Frank Rollason (Assistant City Manager): Commissioner, in all fairness, I got that call right away. I got it
on my pager. I called --
Vice Chairman Gort: Excuse me, excuse me.
Mr. Rollason: Frank Rollason, Assistant City Manager.
Vice Chairman Gort: Thank you.
Mr. Rollason: I called, and I called on. a regular basis every couple of minutes, and I got a message from
your cell phone that the person had not turned on the answering machine. So then we called back to your
office.
Commissioner Regalado.: Well, maybe, maybe it was -- I had the phone, I was talking. But that's OK.
I'm just saying --
Mr. Rollason: But listen, in all fairness, I mean, when a Commissioner calls, I return their calls.
Commissioner Regalado: No. In all fairness, you know, I don't bother people. You know, I don't -- you
know, I don't call for little things. I don't bother people. I just feel disappointed. But anyway, what I'd
like to say is -- because, you know, I took this very seriously. And I hope that you would let me
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participate, Mr. Manager. I hope that there is no more flooding in the City of Miami, but if there is, I hope
that you'd let me participate. I would like to request from the Administration several things: To expedite
the drainage work in the Flagami area. There are several projects that have already been done, but
however, were flooded. And I think that we should revisit in terms of engineering those projects. To use
the budget surplus to implement an aggressive cleanup campaign of the storm sewers in the City of
Miami, starting with the flood prone areas; a monthly report from the City Manager related to storm sewer
projects, including: "A," the number of storm sewers that have been cleaned; "B," the areas that were
targeted; "C," the amount of funds allocated from the budget surplus.
Commissioner Sanchez: There goes the rebate.
Commissioner Winton: So now we have, as I said -- second.
Commissioner Sanchez: There goes the rebate.
Commissioner Winton: And it's so ironic that just two weeks ago, before the rains, I said, you know, we
have flood problems all over this City, and it makes no sense to me to give everybody forty dollars ($40)
back when we've got all these flood problems. And they have thousands of dollars in damage now. And
so, Commissioner Regalado, my hat's off. I second that motion. I think that's a very appropriate use of
surplus funds.
Commissioner Regalado: But remember, remember, Commissioner Winton, just two weeks ago, I tried to
take one hundred thousand dollars ($100,000) from the Office of Media Relations to clean the storm
sewers, and the Manager refused.
Commissioner Winton: Well, this is a better -- this is a better pot of money.
Vice Chairman Gort: There's a motion and there's a second. Any further discussion? And in further
discussion, I think we have learned through this storm.
Commissioner Regalado: The motion is to --
Vice Chairman Gort: To do the following that you just stated.
Commissioner Regalado: -- an aggressive storm sewer cleanup project in the City of Miami, using the
surplus, so they can pay overtime and use the vactor trucks.
Commissioner Winton: Now, that is as -- that's surplus, because there are a number of parts of that
surplus. Are you talking about the surplus that we're using for the rebate or some other part of the
surplus?
Commissioner Regalado: We are using the surplus for the capital improvements and the money left for
the rebate. But the sewer cleanup, I think it's going to be cheap, because it's in-house. It just takes
overtime from the Public Works Department.
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Mr. Gimenez: Commissioner, we will do our best to clean up as many, you know, of these -- of the
French drains, et cetera, that are possible. I have to be honest with you, though. The only solution to the
Flagami area is about a forty million dollar ($40,000,000), you know, sewer project. The problem with
the area is that it's a low-lying area, and it's going to flood when you have this type of rain. The French
drains that are there got full, and then that's it. It doesn't go anywhere. It actually percolates into the
ground. What .you need is a positive pressure pumping system that takes the water and takes it out of
there. We have that as a mitigation project with FEMA, and hopefully -- it's on the top of the list --
hopefully, we can get some funding for it, but it's a very expensive project.
Commissioner Regalado: Mr. Manager, after the floods, the storm sewers are clogged because of all the
debris that fell through the streets.
Mr. Gimenez: I've said I agree with you. We will be -- we're doing an aggressive campaign to clean
them. However, when you -- if you have another flood of this type or other rain of this type, you're going
to end up with the same situation because --
Commissioner Regalado: That's my second, that's my second, second thing here. The second --
Vice Chairman Gort: Let's -- we have a motion. We have a second. Further discussion? Being none --
Commissioner Winton: Yeah. I want to be clear that this money is not money that was already allocated
for capital improvements, other capital improvements, but will come out of the money that was earmarked
for rebate. Is that clear?
Commissioner Regalado: Yeah.
Commissioner Winton: OK. Thank you.
Vice Chairman Gort: OK. I'd like to -- at the same time, I think we have learned from this storm where
the trouble areas are at. I mean, just yesterday, I had to make a phone call to you to notify you of one, 17th
Place, 861 17th Place, Northwest 17th Place where still; there was water there. People understand that a
storm like the one we've had, there's not much we can do. I mean, let's face it. We know it, because it
was throughout the County. But unfortunately, these areas where we've had the problems, all you need is
the rain, and it will clog up once again. I mean, I understand what you're saying. We need the forty
million dollars ($4.0,000,000). At the same time, I believe -- and I congratulate Chip. And he did a great
job in keeping us informed. And it's very important that we are maintained informed, because; let me tell
you, we receive the phone calls from the people. We have to respond to the people, and we have to tell
them what's going on and what's happening. It's very difficult for us to, when we get a phone call, so we
talk to you, and if you've been flooded out of your house, and you've been there for 36 hours, and all your
furniture has been ruined and so on, and you're going to be a little bit frustrated, and we have to put up
with that. We have to talk to those people, and we have to give them some kind of information. But I
think what Commissioner Regalado is stating is very important, that we maintain informed, what's going
on, what's going to happen, what we can do and what we cannot do. It's very important. OK. All in
favor state it by saying "aye."
The Commission (Collectively): Aye.
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i
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-901
A MOTION DIRECTING THE CITY MANAGER TO PRIORITIZE PROJECTS IN ORDER TO
AVOID FUTURE FLOODING IN THE CITY OF MIAMI BY IMPLEMENTING THE FOLLOWING
MEASURES:
1. EXPEDITING THE DRAINAGE WORK IN THE FLAGAMI AREA;
2. REVISITING THE PROJECTS THAT WERE DONE IN THE PAST TWO .YEARS
WHERE FLOODING OCCURS;
3. USING THE BUDGET SURPLUS TO IMPLEMENT AN AGGRESSIVE CLEANUP
CAMPAIGN OF STORM SEWERS IN THE CITY OF MIAMI, STARTING WITH THE
FLOOD-PRONED AREAS;
4. PROVIDING MONTHLY REPORTS TO THE CITY COMMISSION
RELATIVE TO STORM SEWER PROJECTS INCLUDING:
(A) THE NUMBER OF STORM SEWERS THAT HAVE BEEN CLEANED;
(B) THE AREAS THAT WERE TARGETED; AND
(C) THE AMOUNT OF FUNDS ALLOCATED FROM THE BUDGET SURPLUS.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
200 10/12/00
43. DIRECT MANAGER TO REQUEST SOUTH FLORIDA WATER MANAGEMENT DISTRICT
TO: STAFF AND OPEN FLOODGATES MANUALLY WHEN WEATHER BUREAU PREDICTS
OVER FIVE INCHES OF WATER (OR A STORM THREAT); EXPEDITE PLANS TO INSTALL
WATER PUMPS IN TAMIAMI CANAL.
Vice Chairman Gort: Commissioner Regalado, second.
Commissioner Regalado: The second thing has to do with a message that we want to convey to the South
Florida Water Management District. I don't know if you all -- everybody knows now that the floodgates
are part of the problem in this area. If you have the data -- and I have it from friends in West Palm Beach
-- you will see that Floodgate 525-B took 14 hours to open, from zero to full, because it was opened by
computer. What I'm proposing is that we convey, we respectfully request that the South Florida Water
Management District consider taking the following actions: Number one, if the Weather Bureau predicts
over five inches of water or storm that all South Florida Water Management District floodgates in Miami -
Dade County be staffed and opened manually. This is done with cranes. It can be done in one hour. If
you do it by computer, computers open the floodgates taking the tide, taking all the level of the canals and
everything, and it takes a lot of time., They realize now -- and remember, what we had in Flagami and
South Dade County was canals that were overflowing and drainage that could not go into.the canal.
Remember that the floodgates in Card Sound Road was open, full at 8 p.m. on Tuesday, where you have
all -- 24 hours already of rain. And the second request to South Florida Water Management is that they
expedite their plans to install water pumps at Tamiami Canal. If.they do that, they can pump 20,000
gallons per second to South Dade and the canals that go out to the bay. So that is the motion.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second, second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-902
A MOTION DIRECTING THE CITY MANAGER TO REQUEST OF
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO
CONSIDER TAKING THE FOLLOWING ACTIONS:
I. TO STAFF AND OPEN FLOODGATES MANUALLY WHEN
THE WEATHER BUREAU PREDICTS OVER FIVE INCHES OF
WATER (OR A STORM THREAT);
2. TO EXPEDITE PLANS TO INSTALL WATER PUMPS IN
TAMIAMI CANAL.
201 10/12/00
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
202 10/12/00
44. DISCUSSION CONCERNING THE ECONOMIC DEVELOPMENT COMMITTEE.
MANAGER TO PROVIDE COMMISSION WITH WRITTEN REPORT ON WATSON ISLAND,
GROVE HARBOR MARINA AND OTHER ECONOMIC DEVELOPMENT PROJECTS; TO
PROVIDE A REPORT RELATED TO NEGOTIATIONS WHEREIN THE PORT OF MIAMI
WALKED AWAY FROM NEGOTIATING TABLE.
Vice Chairman Gort: And the other thing -- and I'll be through immediately. I have other issues that I
will defer. It's a report by the Economic Development Committee on economic development issues. And
two -- I'm concerned that we've reached a critical point in a number of areas related to. economic
development, including the development of waterfront properties, the creation of recurring revenue, and
seeking much needed private sector expertise on future development projects. Two recent developments
highlight the importance of this concern. In this Monday's Herald, October 9th; I read about the latest
development on Watson Island. I commend the City staff for their hard work in attempting to create
recurring revenue, but I was alarmed to read about what appeared to be a unified development plan, to the
best of my knowledge, that has not been shared with this Commission. The second item, Grove Harbor,
was pulled from the October 12 City Commission Agenda at the last moment, and that is troublesome,
because that is revenues for the City. So I would like to ask the City Manager to please give us a report, a
written report on questions regarding Watson Island, Grove Harbor and other economic development
related issues. For instance, on Watson Island, a request of the City Manager to explain why the Port of
Miami walked away from the negotiating table. Number two, if the Mayor was briefed on the fact that the
Port of Miami walked away from the negotiating table. Number three, if the Mayor was involved, had the
Mayor been involved in these talks, and what was his level of involvement? Number five, after the Port of
Miami walked away from the negotiating table, was there any effort to inform the City Commission?
Number six; it would appear there is a new process. The City Manager seems to share his plans with
people that would give the information to the Herald instead of the City Commission, and I would really
like an explanation. And I would also request that the City Manager provide the preliminary designs
referred to in the October 9, 2000 Miami Herald for viewing by the City Commission. The reason is that
we have to read the Herald -- which is OK -- to find out about what the City is doing. No, no, no, no. I'm
saying, "OK" as a joke, because I think -- I think that we should be part of the process. You all in the
administration want our vote, and we want to work with you. But every day, we seem to be -- to be more
distant from the information network that the Manager has. We do not have the staff that you have, Mr.
Manager. We have not been informed. I have not been informed.
Carlos Gimenez (City Manager): Commissioner, I think that we give you on a monthly basis the status on
all the different projects that --
Commissioner Regalado: Excuse me. No. Excuse me. We -- I read everything you give. Do not, do not
tell us that, because, I mean, what you give us is convention -- Coconut Grove Convention Center, its
RFP's (Requests for Proposals), whatever. It's a two -liner. I'm talking about why the Port of Miami
walked away from negotiations and we were not informed? I think that we should -- at least deserve to be
informed. That's what I'm asking. And I think it's not too much to ask. But --
Vice Chairman Gort: Let me tell you --
Mr. Gimenez: Commissioner, at that meeting, there was somebody that said that he was representing you
at the meeting.
203 10/12/00
Mr. Gimenez: He stated that he was representing you.
Commissioner Regalado: Well, as the Chairman of the Economic Development Committee. But do you
think that is fair -- that it's fair that we have to find out through third parties, Mr.. Manager? I, as the
Economic Development Committee, I'm willing to -- If you tell me all the meetings that you have, I'll go
myself or I'll send somebody. Tomorrow, Dena is taking somebody who is coming from Connecticut
with a member of -- one member, not me -- of the Economic Development Committee who wants to show
him around, to see if the guy is interested. But that's not the point.
Mr. Gimenez: Commissioner, you were informed of the meeting with the port, and that individual said
that he was representing you, and he was at the negotiations.
Commissioner Regalado: Exactly. But, Mr. Manager, I'm not talking about being Chairman of the
Economic Development Committee. I'm talking about the City Commission. Now, if you feel that I
should take the initiative of getting information from every meeting, you let me know. I'll be there or
send somebody. That's not the problem. The issue-- that's not the issue. The issue is that the City
Commission was not informed.
Vice Chairman Gort: Let me tell you how I feel about this. And things come to us, and we have to make
a decision. We have to vote on it. We have voted before that we wanted to do something, and a study has
been done in here. This has been two years now in the going. We talked about Watson Island. We had
plans for Watson Island, specific plans. Those plans were changed because the port was going to do
something. Now, the port is saying "no." We can't continue to play games. I mean, we can be dealing
with different people for a.long time. The port doesn't want to do it, let's get someone else. I mean, let's
get the RFQ (Request for Qualifications). Let's get them all out and get it nationwide so we get people in.
I mean, we need to develop all this area. What are we going to do with the Marine Stadium? What's
happening with that area? We need to know. And if it's important enough, I think_ you should sit down
with each one of us, or send someone from your staff and talk to us.
Commissioner Sanchez: To the point, to the point made by Commissioner Regalado, let me -- I, too,
sometimes find myself getting the information from the newspaper. And I sometimes find myself having
a reporter call me on an issue that I don't know. I can't point the finger at the administration, because you
haven't been there long enough. But the Watson Island issue was one that got me by surprise when --
First of all, a reporter called me and asked me what was going on at Watson Island. Well, Watson, the
plans changed, and I had to call Bob and ask him to brief my staff on that, because I didn't know. I think
that on the information aspect of this, I think that -- and once again, we are there on a part-time basis. The
information that's.provided to my staff, my staff puts it on a file that says, "To be read by Commissioner."
And I get it, and I sit dowri and I read. But I think that we need to improve a little bit on the information,
because in some incidents., I have to either call the administration and inquire about something that -- you
know, it's just -- it's bad when you read the paper and you find out something that's going on, and you are
the elected official that has been elected by the people to know what's going on in the City. So I think that
on the information, Carlos -- and I'm not pointing fingers and I'm not blaming anybody -- I think that
there has to be better communication. I'll tell you one thing. Chip briefs me on just about anything that
happens in the City because I get the phone calls. But I think there needs to be that communication
between the Manager's Office and the Commissioners on this dais.
204 10/12/00
Commissioner Winton: Isn't that what Chip does? I mean, I thought that's what you just said, that Chip
does a good job of that.
Commissioner Sanchez: Well, Chip, yeah. But I'm talking about --
Vice Chairman Gort: On certain things, but not on everything.
Commissioner Sanchez: Certain things. I mean, development -wise -- listen. If we have a Commission
meeting, why not put it as a presentation where you come and you have it on the record? And Carlos, I'm
sure you're going to say, "Well, we do that." I'm sure you're going to say that, "We do that." But I think
that on some issue, like what was going on, on Harbor Marina, that's been going on for years. What's
going on at Melreese? That's been going on for years? I mean, those are things that have gone on for
years. It was going on before I got here. But still, I don't know exactly what's going on over there unless
I call the City Attorney and ask him, "Hey, what's going on with that?" So --
Dena Bianchino (Assistant City Manager): Commissioner, if I may. I would be pleased to prepare a
report to bring you all up to date. Just briefly, we are going to be coming back to you --
Vice Chairman Gort: Excuse me, excuse me.
Ms. Bianchino: I'm sorry. Dena Bianchino, Assistant City Manager. We will be coming to you in
November or December with an RFP for the northwest .quadrant of Watson Island, which you have
already established as a unified development project area. In regard to the Grove, we have been working
with Commissioner Winton on various community meetings to try to inform people of what we're doing.
And we're going to have another community meeting in the near term, and then we will come to you with
a proposal.
Vice Chairman Gort: Dena, let me ask you a question. Because I understand, I understand, Carlos,
you've only been here six months or four or five months.
Unidentified Speaker: Five months.
Vice Chairman Gort: Five months. But a lot of these public hearings have been taking place for years
now. I mean --
Ms. Bianchino: Well not -- not on the Grove.
Vice Chairman Gort: On the Grove, we have done public hearings on this property here many a times.
Many a presentation has been made already.
Commissioner Winton: Well, let me speak to that. It's my district. And that is a complex issue. It's very
volatile within the community. And. frankly -- and Dena, and Ana and I have a meeting next week to --
The last series of public hearings have not gone well for the City, at all. And so -- and I've told the public
that I agree 100 percent that we need to redevelop that site, even though many in the public say, "Leave it
alone, don't do anything." And I said, "I don't believe that there's a sentiment Grove -wide suggesting
that we should leave that site alone." So but I do know, having now sat through three public hearings that
205 10/12/00
our process is flawed, and that's the problem. And so we've agreed we're going to regroup internally,
figure out how we can get a much better process moving forward, so that we get the community to buy
into what we're trying to sell, as opposed to the process that's been going forward where the community is
just mad about -- I mean everybody is mad. So these major projects in the grove and on some of these
waterfront properties aren't like just plopping something down in the middle of nowhere. They're very,
very different. There's a lot of interest out there focused on what's right for our community as a whole,
and so we have to treat those differently than we would a new project, as an example, that's across the
street from my building in downtown where those lots are. That's a whole different process than we're
going to have on these waterfront properties where there's a lot of sensitivity out there. And we have to --
You want to be reading about some other things in the newspaper, let us mess all this up. So what we're
trying to do -- and I'm sitting with them routinely. And so if anybody is to blame, frankly, on some of
these, I think I am to blame, because I am sitting in the middle of these individual projects and trying to
get something crafted that makes a lot of sense that we can get the community to buy into, instead of
having nothing but a fight.
Vice Chairman Gort: Well, Johnny, then I've been giving the wrong information, because my
understanding -- and correct me if I'm wrong -- we hired some individuals that were going to do some
planning, and they were going to get together with the people in the Grove. And according to the input
and the public meetings, they were going to come up with suggestions to us. I was --
Commissioner Winton: That is absolutely true.
Vice Chairman Gort: My understanding is that was taking place.
Commissioner Winton: That absolutely took place. The result was awful. We did that, but the result was
bad. And so that's why we're -- and we've talked about what we've done wrong, and I think we know
what we've done wrong. And so we're -- we'll have something particularly on that site and a plan to
move forward very quickly, because it's our number one -- it's at least on my agenda, it's one of my
number one focus points in terms of opportunities for doing appropriate redevelopment within our
community.
Ms. Bianchino: Commissioner Gort I complete --
Vice Chairman Gort: Yes.
Ms. Bianchino: I understand your frustration completely. And the Manager has given me explicit
instructions to get these things going, and that's what we're going to do. So you will be seeing a lot more
activity than you have in the past. And I just wanted to respond to one thing that Commissioner Sanchez
said -- Maybe you asked what's happening on Virginia Key. We have not been authorized by the
Commission to move forward in any way on the Marine Stadium site. And if you would like us -- We
can bring that to you at the next Commission meeting, if you'd like us to.
Vice Chairman Gort: My understanding, and I made this from the beginning, when we created the
Virginia Beach Committee that that -- it's on the other. side, on the east side of the island. The rest of the
island, I think we need to do something and develop That area.
206 10/12/00
0
Ms. Bianchino: Well what we can do --
Vice Chairman Gort: Well, we'll bring it back. Please bring something back, and I'll bring it back on the
next agenda.
Ms. Bianchino: We will bring to you a --
Vice Chairman Gort: Because we need to move on that. I mean, that stadium is sitting there. Are we
going to knock it down? Are we going to leave it? We need to do something. I mean, it's been years.
Thank you.
Commissioner Sanchez: Hey, I proposed a resolution, and I didn't get a second.
Commissioner Winton: Right.
Commissioner Sanchez: So I -- as a matter of fact I intend-- I just spoke to Planning -- I want to bring it
back up. So if we couldput that on one of my Commissioner's agenda items for the next Commission
meeting, please.
Mr. Gimenez: Commissioner --
Vice Chairman Gort: Sorry. Commissioner Regalado.
Mr. Gimenez: Commissioner, I have to correct something on the record. The County has not walked
away from the negotiations. The County asked for a time out, an extension until late November to .
determine if the project would be viable or not. It's not a dead project, although, you know, it's not
looking good.
Vice Chairman Gort: The County needs to understand that we have to move on. I mean, we can't wait for
them because --
Mr. Gimenez: We gave no promises to the County.. They just asked for that.
Vice Chairman Gort: But we discussed -- I mean the County -- and Carlos, you were not here, but we
have been talking about the port for the last three years, for the expansion of the port. I mean, we have
been on hold for three years now. We have to make a decision and move on it. I know you're trying, and
you're doing it, but we need to sit down with the County, we need to sit down with the state, and we have
to work as a team. And they need to realize where the City goes, so goes the rest of the County. And I
think they realize that. Well, they better.
Commissioner Regalado: Just a question. Mr. Manager, do you feel uncomfortable with the Economic
Development Committee?
Mr. Gimenez: No.
Commissioner Regalado: No, you don't?
207 10/12/00
•
Mr. Gimenez: No, sir.
Commissioner Regalado: OK. Do you feel uncomfortable if we send somebody to meetings to represent
the Economic Development Committee and report back to the members of the Commission?
Mr. Gimenez: Absolutely not.
Commissioner Regalado: Because, I mean, you sounded --
Mr. Gimenez: No. What I said was that there was an individual there that presented himself as being
your representative.
Commissioner Regalado: As the representative of the Economic Development.
Mr. Gimenez: So it was -- it caught me by surprise that you didn't know went on in the meeting, because
he said that -- and maybe he lied to me, and I'm sorry, but I took the individual at their word.
Commissioner Regalado: No, he did not lie to you. No. What I'm saying -- what I said is -- because
remember, I was talking to keep the City Commission informed, and that's another issue. So he was there
representing the Economic Development Committee, in order for the Economic Development Committee
to report to the Cit Commission. But I feel that we should get that information directly. And I will be
asking this Commission on the next Commission meeting to support the Economic Development
Committee in terms of a little budget so we can move forward, and bring to this Commission and to you
ideas, like people that come to the City and want to do things with the City. So that is --
Mr. Gimenez: Well, we welcome any help we can get in this area. We want to move these projects along
as fast as possible. The thing I want to see is some shovels in the ground, you know. We've been talking,
talking, talking. Nothing's happening. So I welcome the help.
Commissioner Regalado: I'm all for it. And -- but I still, I still tell you that, you know, I praise your
Administration. I always say that you're doing a great job. But I'm very disappointed that in the middle
of a crisis, 1, as an elected official, was not given opportunity to participate. And that is very wrong. And
I think and I hope it should not happen again, because then I'm going to take the initiative myself, and I'm
going to go places, and I'm going to say, "I'm here representing the City of Miami," because I can say
that. And I didn't want to intrude on FEMA, on the Governor, but I think that your Administration, Mr.
Manager, should understand there's more than one elected official here. You have your Office of Media
Relations working for the Mayor and with the Mayor. And I -- that's great. But you should also have that
office work for the rest of the elected officials.
Mr. Gimenez: I agree. And again, I apologize again for that, and hopefully, it will not happen. And I do
want to take this time, though, to express my sincere gratitude to the employees of the City and the fine
job that they did during this flood, and -- to really help the citizens of.Miami. And, you know, certain
departments -- all the employees, but in particular, certain departments really stepped up to the plate and
really helped out, and did a really, really good job. And I want to express that, my personal gratitude to
the employees of the City.
208 10/12/00
Vice Chairman Gort: I want you to know I had a call to Public Works, because I had neighbors from the
area of 27th Avenue and 11th Street where there's a gate that they were telling me that the gate was closed.
I went there personally, and people from Public Works were there. And I really appreciated that, because
I was able to go back to the people and let them know the gate is open. Unfortunately, it was too much
water. And let's pray to God that we never -- I mean, in all the years that I've been here, I've never seen
that type of flood in the City of Miami.
209 10/12/00
• 0
45. SECOND ANNUAL "WALK AS .ONE" EVENT CONDUCTED BY NATIONAL
CONFERENCE FOR COMMUNITY AND JUSTICE -MIAMI REGION, TO BE HELD AT MILDRED
AND CLAUDE PEPPER BAYFRONT PARK ON NOVEMBER 4, 2000; AUTHORIZE PROVISION
OF IN-KIND SERVICES BY DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL SERVICES
ADMINISTRATION, SOLID WASTE AND PARKS AND RECREATION.
Vice Chairman Gort: Anything else?
Commissioner Regalado: Yes, one last thing. And this is not a fee waiver. It's a different thing than a fee
waiver. It's related to the second annual "Walk as One." This is an event conducted by_the National
Conference for Community and Justice, the Miami Region. And this will be held at the Mildred and
Claude Pepper Bayfront Park on November the 4th. And what this does is authorizes the provision of in-
kind services by the Police, and Fire Department and GSA (General Services Administration). And this is
not a fee waiver as we do in other issues, because it's inside the park. And this is -- as was written by the
City Attorney -- says said authorization upon the organizers: Number one, obtaining all permits required
by law; number two, paying for all other necessary costs of City services and fees associated with said
event; and number three, obtaining insurance to protect the City in the amount as prescribed by the City
Manager and designee; number four, complying with all conditions and limitations as may be prescribed
by the City Manager or designee. And these people agree with this. It's a national organization, and what
it does is that you need to have one or two police officers around the park inside, and that can be done
even as on -duty. I don't know how many police officers, but I think you know about this issue. He met
with Commissioner Sanchez, the Chairman of the Trust. So that is the resolution. Support to this march.
Vice Chairman Gort: It's a resolution supporting the --
Commissioner Sanchez: Second.
Vice Chairman Gort: It's. been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
210 10/12/00
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-903
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
THE SECOND ANNUAL "WALK AS ONE" EVENT CONDUCTED
BY THE NATIONAL CONFERENCE FOR COMMUNITY AND
JUSTICE -MIAMI REGION (THE "ORGANIZER"), TO BE HELD AT
THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK ON
NOVEMBER 4,2000; AUTHORIZING ,THE PROVISION OF IN-KIND
SERVICES BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE,
GENERAL SERVICES ADMINISTRATION, SOLID WASTE AND
PARKS AND RECREATION; CONDITIONING. SAID
AUTHORIZATION UPON THE ORGANIZERS: (1) OBTAINING ALL
PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE
TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH
ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED
BY THE CITY MANAGER OR DESIGNEE.
(Here follows -body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
211 10/12/00
46. DIRECT MANAGER TO REVIEW PRIOR BENEFITS GRANTED TO MEMBERS OF
BOARDS (ZONING, PLANNING ADVISORY, CIVIL SERVICE BOARDS) AND COME BACK
WITH REPORT AND RECOMMENDATION FOR COMMISSION CONSIDERATION.
Vice Chairman Gort: Anything else?
Commissioner Winton: No.
Vice Chairman Gort: Thank you. I have one item. There's only one, and this is just to the Manager. In
1996, when we had the crisis, we did away with the funding in some of the boards that were funded at that
time. My understanding is that Planning and Zoning, were eliminated from the funding, and then later on,
all three of them, the Civil Service -- was it the Civil Service Board? -- later on was funded. And there
was the -- the board members received some insurance and so on. I'd like for the next meeting, if you can
come back and let me know what can be done, because I have requests from the Planning and from the
Zoning Board members to see if they can be reinstated the way they used to in '96.
Commissioner Winton: Well, so that's just a directive. This will have to come back, because we're going
to discuss it.
Vice Chairman Gort: Yes, right.
Commissioner Winton: Right.
Commissioner Sanchez: So you're basically directing the City Manager to come back with a report of
how much it's going to cost the City. Second.
Vice Chairman Gort: And if it can be done or not. Let's get it over with.
Commissioner Sanchez: So second.
Commissioner Winton: Yeah, because I can't imagine I'm going to support it. They're volunteers, and --
Commissioner Sanchez: Johnny, they're volunteers, but sometimes, they're here till I o'clock in the
morning.
Vice Chairman Gort: But then, Johnny; let's --
Commissioner Winton: Yeah, well, I'm here --
Vice Chairman Gort: But Johnny, let's put the standard to everyone.
Commissioner Winton: Well, I thought we did.
Vice Chairman Gort: I mean, why one "yes," and the other one "no?" OK?
Commissioner Winton: Oh, no, they should all be the same. I agree.
212 10/12/00
Vice Chairman Gort: If we're going to have a standard, let's have it for everybody. OK?
Commissioner Winton: No, no, I agree with that 100 percent.
Vice Chairman Gort: Thank you.
Commissioner Winton: A 100 percent, same standard.
(INAUDIBLE COMMENT)
Vice Chairman Gort: No, no, no, no. The ones that were funded before. OK?
213 10/12/00
47. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, FOR ACQUISITION OF SUCH SERVICES,
EQUIPMENT, GOODS AND/OR MATERIALS AS MAY BE REQUIRED FOR BURDEN RELIEF
AND DISASTER ASSISTANCE DUE TO DAMAGE CAUSED BY OCTOBER 3, 2000 FLOOD;
APPROVE AND CONFIRM MANAGER'S PREVIOUS EXPENDITURE OF MONEYS FOR
CONTRACTS AND AWARDS IN CONJUNCTION WITH SAID BURDEN RELIEF AND
'ASSISTANCE; AUTHORIZE MANAGER TO ACCEPT MOST REASONABLE, RESPONSIVE AND
RESPONSIBLE BID (S) FOR NECESSARY IMPROVEMENTS, SERVICES, EQUIPMENT, GOODS
AND/OR MATERIALS ASSOCIATED WITH SAID BURDEN RELIEF AND DISASTER
ASSISTANCE; $50,000.
Vice Chairman Gort: OK. Any other business to be brought up to this Commission?
Carlos Gimenez (City Manager): Mr. Chairman, I do have one pocket.
Vice Chairman Gort: Yes, sir.
Judy Carter (Director, Purchasing): Yes. This is a pocket --
Commissioner Sanchez: Since when do you present pocket items?
Mr. Gimenez: I get two pocket items.
Vice Chairman Gort: He gets one. He gets --
Unidentified Speaker: A year?
Vice Chairman Gort: No, a meeting. Go ahead.
Commissioner Sanchez: Who elected you?
Vice Chairman Gort: Guys, I've got to get out of here. Go ahead.
Ms. Carter: Yes, of course. This is Judy Carter, and we're asking that the Commission approve a
resolution that would authorize on an emergency basis the procurement of certain goods and services that
will be needed and have been needed in response to the October 3rd flood. We're asking that you
authorize no more than fifty thousand dollars ($50,000) per contract in order that we may move
expeditiously to get those services provided for and the needs of the City met. We will keep you posted in
providing you with a copy of all the contracts as they are executed, as well as the purchase orders, to
insure that you are fully aware of what we do, as we do it.
Commissioner Winton: Fifty thousand, you said, per something.
Ms. Carter: Per contract.
214 10/12/00
Commissioner Winton: How many of those are there .likely to be? I mean, how much money are we
really talking about?
Ms. Carter: Well, so far, basically, what we have had an immediate need for has been the area of
photography. We've needed services for the water removal; obviously, food, because people were
working 24/7. There may be some other substantive long-term needs that may be met. But right now,
we've found that fifty thousand per contract should meet our needs, both in terms of the past, as well as
the future.
Commissioner Winton: That doesn't give me a very good picture. I'm struggling to understand if this is
going to be two million dollars ($2,000,000) or whether it's going to be a hundred and fifty thousand
dollars ($150,000). And I have no clue in terms of how you're promoting this whether it's a hundred and
fifty or two million.
Mr. Gimenez: What this is, is similar to what was passed after Hurricane Andrew, where they-- actually
the Manager had up to a hundred and fifty thousand dollars ($150,000) per occurrence. And what it does,
it fast -tracks the repairs, et cetera that will be later reimbursable by FEMA (Federal Emergency
Management Agency). It would just get these projects going a lot quicker.
Commissioner Winton: OK. OK, I get it. Yeah, I'm clear now.
Commissioner Sanchez: So it will be refundable by FEMA, if we qualify?
Ms. Carter: If we qualify.
Commissioner Sanchez: If we qualify, which is a big "if."
Vice Chairman Gort: OK. Is there a motion?
Commissioner Sanchez: So move.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Thank you.
215 10/12/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-904
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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
216 10/12/00
7
48. HAPPY BIRTHDAY TO ALFREDO GORT, FATHER OF COMMISSIONER GORT, WHO
TURNED 91 YEARS OLD TODAY.
Vice Chairman Gort: Any other item?
Commissioner Sanchez: None. Move to adjourn.
Vice Chairman Gort: Thank you all. Have a good time. And once again, thank you for all the work you
did during the storm. Wait a minute. I have one more item. I'm sorry, I'm sorry, I'm sorry. No, you
guys can walk away. This is among the Commissioners. I just wanted to say -- I want to make sure we're
being recorded. I want to make sure we're on the record. Dad, I'm late because these guys kept me late.
Happy birthday to you. He's 91 years old today.
Commissioner Sanchez: Happy birthday, Papa Gort. Happy birthday, Papa Gort.
(APPLAUSE)
Vice Chairman Gort: Thank you.
217 10/12/00
There being no further business to come before the Miami City Commission, the meeting was adjourned
at 7:45 p.m.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT,
Vice Chairman
(SEAL)
218 10,112!00
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COMMISSIONER REGALADO
COMMISSIONER TEELE
CITY MANAGER'S OFFICE
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